Separate, marital, and mixed
New York divides marital property equitably, which means fairly in light of many factors, not automatically in half. Property owned before the marriage, inheritances, and gifts from third parties are generally separate, but they can lose that character when mixed with marital funds or retitled jointly. An increase in the value of separate property can also become partly marital when it results from active efforts or contributions during the marriage, while growth from market forces alone usually stays separate. Each of these questions turns on records, often going back many years. The larger the estate, the more of these questions there tend to be.
Tracing the history of each asset
Proving that an asset is separate usually falls to the spouse who claims it, and it is done by tracing funds from their source to where they sit now. Statements from before the marriage, inheritance and gift paperwork, real estate closing documents, and trust instruments form the core of that work. Property located in other states or countries may need local appraisals and sometimes local counsel. Collect what you can now, while banks and family members still have the records, and avoid moving or retitling anything while the divorce is pending. Gaps in the paper trail are common and do not always end the argument, but they make it harder.
Setting priorities early
Not every asset is worth litigating over, and in a large estate the fees for a full valuation of each item can add up quickly. In a first meeting we list the assets, separate the ones whose classification or value is genuinely disputed, and discuss which require appraisal and which can be agreed. We also look at any prenuptial agreement, since it can settle classification questions before they start. Liquidity matters too, because an award of illiquid property can leave a spouse asset-rich and cash-poor. The aim is to spend effort where the outcome actually moves.
