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New York follows an “equitable” distribution rule with respect to any property acquired during a marriage. This means that if the parties cannot agree how to divide their assets, a judge will do so taking into account a number of factors to ensure a fair, but not necessarily equal, distribution.

Understanding the Factors in Equitable Distribution Income and earning potential of each spouse. Age and health of the spouses. Contributions made to the marriage (financial and non-financial) Future financial needs and prospects of each spouse. Custodial responsibilities for children.

While equitable distribution is determined on a case-by-case basis, there are some common factors that typically are used in dividing assets during a divorce using this standard: Presence of children in a marriage. Whether one spouse provided primary support for the other. Length of the marriage.

When dividing property in a divorce, the court will consider several factors, including the income and property of each spouse, the duration of the marriage, the age and health of each spouse, and the present and future earning capacity of each spouse.

Generally, inheritances are considered separate property and are not subject to division in a divorce. However, there are circumstances where an inheritance could potentially be divided: Commingling of Assets: If you have commingled your inheritance with marital assets, it may lose its separate property status.

How New York treats an inheritance in divorce. As an inheritance left to one spouse is considered separate property regardless of when it occurs. The question of whether the couple was married or not at the time the assets were transferred typically does not matter.

In New York, if you inherit something, it should be just yours even if you get divorced. But, if you mix it with things you and your spouse own together or buy something together with it, it might have to be shared. Agreeing before or after you marry can protect your inheritance.

Under New York intestate succession law, your spouse will receive up to the first $50,000 of your estate, plus half of the balance. Your children will receive the rest evenly. New York entitles surviving spouses of decedents who have disinherited them to a piece of their estate.

In New York, all marital property is subject to the state's equitable distribution legal standard. Under this standard, a couple's marital assets and liabilities are to be divided in a manner that is fair to both parties.