Separate Property Analysis
Under New York State law, generally speaking, “separate property” is defined as property acquired by an individual prior to marriage or during a marriage through inheritance, and “marital property”, in the absence of a prenuptial agreement, is defined as property acquired by one or both spouses during the marriage, irrespective of whose name the asset is in (with the exception of inheritance). Separate property falls outside the other spouses claim under the laws of equitable distribution. A proper and thorough forensic evaluation of a spouses separate property during a divorce proceeding could mean the world of difference to the litigants. It takes years of experience to understand how to identify, piece together, and value such claims.