Tracing of Separate Property in a New York Divorce
Achieving an equitable division of property is the ideal in a divorce settlement. But equitable does not always mean equal, particularly if one spouse came into the marriage with significant assets before they married their current spouse or inherited certain assets prior to or during the marriage.
In the event that you have a separate property claim, it is imperative to work with your attorney to trace and identify that separate property. If you have commingled your separate property with marital property and therefore cannot trace your separate property claim, you may lose your separate property claim but you can still ask for an unequal and equitable distribution of the assets based upon your separate property contributions.
Separate Property is Protected From Equitable Distribution
Before an equitable division of property can occur, it is necessary to identify and value assets that would be considered marital property (earned/achieved during the marriage) or separate property (earned/achieved before the marriage) or inherited before or during the marriage.
Examples of separate property which are protected from equitable distribution in New York State may include:
- Money from civil settlements or jury awards
- Separately maintained pre-marital accounts
As a family law attorney and Certified Divorce Financial Analyst, Lisa Zeiderman has the financial expertise to assist in performing a complex financial evaluation of your premarital holdings to determine their worth, always keeping the cost of litigation in mind.
Get Help From a Certified Divorce Financial Analyst
Lisa Zeiderman can make sure separate property is traced and properly accounted for in your divorce. Call 914-488-2402 today to schedule a consultation. From her offices in New York City and White Plains, she represents clients in Manhattan, Westchester and surrounding areas.