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  • What property is not subject to equitable distribution?
    • Separate property is not equitably distributed. Separate property is broadly defined as:

    a) property acquired before marriage or by bequest, devise, descent or gift from a party other than the spouse;
    b) compensation for personal injuries;
    c) property acquired in exchange for or the increase in value of separate property;
    d) any property described as separate property in a written agreement between the parties
    · Does equitable distribution mean that all marital assets get split equally?
    No. Equitable does not mean equal. Marital property must be distributed equitably between the parties, considering the circumstances of the case and of the respective parties.
    · What marital property can be equitably distributed?

    The types of property that may be equitably distributed is endless. Common examples include: the marital home, vacation homes, automobiles, household furnishings, bank accounts, stock portfolios, pensions and retirement plans, interests in businesses and professional degrees.

    Updated: 11/11/99
    Important: These Frequently Asked Questions (FAQs) were prepared by Daniel E. Clement. More information about Law Offices of Daniel Clement can be found here. The Clement Firm has offices in New York and New Jersey.

    These Frequently Asked Questions are based on New York Law.
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