New York, unlike any other community property state in the United States considers all property either as separate property or marital property in case of divorce and separation. Separate property can be defined as any private asset that is a spouse’s individual property, obtained before marriage. Marital property is the property obtained during the marital period by the couple.
This property definition of Individual and Marital property sounds very simple but indeed it is highly complicated to address and classify such properties. In cases like pension, it is always considered as marital property although only one spouse worked and paid for their whole life. Thus, such typical properties make divorce cases extremely complicated.
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