How is property divided in a New York divorce?

New York is an equitable distribution state, which under DRL § 236(B) means marital property is divided fairly — though not necessarily equally — based on the circumstances of the case. The law treats marriage as an economic partnership. Marital property generally includes assets and debts acquired during the marriage regardless of whose name is on the title, while separate property — assets owned before the marriage, or received during it by individual gift or inheritance — generally remains with the owning spouse. Complications commonly arise when separate property has been commingled with marital assets. In mediation, the parties are not confined to a rigid split; they can allocate assets in ways that reflect what each values most, provided everything is fully identified and valued.