Marital and Separate Property in a New York Divorce
In New York, separate property remains separate and marital property is divided equitably; a spouse’s enhanced earning capacity from a license or degree is not marital property, but contributions to it are weighed.
Separate property remains separate
The statute says separate property shall remain such (DRL 236(B)(5)(b)). Property a spouse had before the marriage, and property received by gift or inheritance, is generally separate property, and increases in its value due to the other spouse’s contributions can create marital interests.
Marital property
Property acquired during the marriage and before the start of the action is generally marital property, whoever holds title, including earnings, retirement contributions and assets bought during the marriage.
Enhanced earning capacity
The court shall not treat as marital property the value of a spouse’s enhanced earning capacity arising from a license, degree, celebrity goodwill or career enhancement, but it shall consider the direct or indirect contributions to developing it when distributing the marital property.
Pensions and insurance
The court considers the loss of inheritance and pension rights and of health insurance benefits upon dissolution.
Companion animals
In awarding possession of a companion animal, the court considers the animal’s best interest.
Keeping the right paperwork
Keep inherited and premarital funds in accounts in your name alone and keep records that show their source.
In the calculator
Enter premarital and inherited property as separate property in the New York property division calculator so it stays out of the division.
Frequently asked questions
Is premarital property divided in New York?
No, it generally stays separate, though marital contributions to it can create a marital interest.
Is a gift or inheritance divided in New York?
No. Property received by gift or inheritance is separate property.
Is a degree or license marital property in New York?
No. Enhanced earning capacity is not marital property, but contributions to it are considered.
Are pensions divided in New York?
The part earned during the marriage is marital property, and the loss of pension rights is a factor.
Who decides pet custody in a New York divorce?
The court considers the best interest of the companion animal.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New York statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New York attorney.