New York Family Law Blog

What is separate property?

Separate property is property owned prior to the marriage, or acquired during the marriage by gift, inheritance, or personal injury settlements. Separate property must be kept separate, if you comingle separate property and marital property, or give the property to your spouse, the property may lose its separate property nature and become marital property subject…

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How Are Assets Divided in a NY Divorce?

As part of the equitable distribution the court will determine the allocation of assets. Separate property is retained by the spouse owning the separate property. Marital property is equitably divided. While most cases involve an equal distribution of marital property, there are various reasons why one spouse will be awarded a disproportionate amount of the…

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How is custody determined?

Custody is determined pursuant to the best interests of the child standard. This involves a determination of numerous factors such as which parent will do a better job raising the child, which parent has historically performed the majority of the child rearing, and which parent will foster a relationship with the other parent.

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