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In New York, the court tries to divide things "fairly" or equitably. Hence, the term equitable distribution.
To do that, you need to categorize everything you own. Start with the big stuff like the house or apartment, bank accounts and retirement accounts. Marital Property: Anything bought or earned during the marriage. This is usually shared between both people. There are exceptions to this rule. This is the "our" stuff Separate Property: Anything you owned before you got married, or gifts/inheritances given only to you. This is the “mine” stuff. You need to make sure you have access to your own money, so you aren't stuck without cash during the legal process.
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