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Commonly Asked Questions about Marital Law

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New York is an equitable distribution state, which means that each spouse is entitled to a fair share of assets, including real property. In an equitable distribution, assets do not need to be divided 50/50 but in a manner that allows both spouses to share in the marital investments.
Understanding how New York law treats separate property Couples divide marital property, but each spouse keeps his or her own separate property. Separate property comprises: Assets owned prior to the marriage Spouses are allowed to keep any property they brought with them to the marriage.
Marital Relationship means a civil union, domestic partnership, marriage, or any other similar relationship that is legally recognized in any jurisdiction.
Marital rights refer to the rights and privileges that a husband has in a marriage, including the right to have sexual relations with his wife and to make decisions about the household. These rights are part of the marriage contract and may also include property and cohabitation rights.
Marital property includes: Cash, securities, bank accounts, retirement accounts and pensions acquired during the marriage; Advanced educational degrees, and permits to engage in specialized businesses acquired during the marriage; Gifts to each other.
Marital property is a U.S. state-level legal term that refers to property acquired during the course of a marriage. Property that an individual owns before a marriage is considered separate property, as are inheritances or third-party gifts given to an individual during a marriage.
Marital property refers to all property acquired during the marriage by either spouse. This applies even if the title of a specific assetsuch as a car or houseis in the name of just one spouse. All assetsincluding tangible and intangible assetscan be considered marital property.
In New York, any assets obtained during the course of a marriage are considered community property. Even if they are held in a separate account, any paycheck or other investments earned during a marriage and deposited into a bank account in one spouses name are still deemed marital property.