Divorce is hard enough without worrying about losing what’s rightfully yours. If you’re unsure about what counts as separate property, you’re not alone. Many people fear their personal assets will be swept into the marital pot during divorce proceedings. At The Cimino Law Firm, we help you understand what you can protect and how to do so. Whether it’s an inheritance, a family heirloom, or property you owned before your marriage, knowing your rights can bring peace of mind. Let us help you untangle the confusion and secure what’s yours.
Michelle Cimino is an experienced Rochester divorce lawyer who helps clients like you every day determine what qualifies as separate property and how to protect it during divorce proceedings.
What Is Separate Property?
In New York, separate property refers to assets that are owned individually by one spouse and typically excluded from division in a divorce.. Generally speaking, if you owned something before your marriage, it is going to be considered separate. This includes property like a car in your name, a home purchased independently, or personal belongings like jewelry and clothing, as long as you acquired them prior to the start of the marriage.
Separate property also includes certain assets acquired during the marriage, such as individual gifts, inheritances, and compensation for personal injuries. For instance, if you received a valuable piece of jewelry as a birthday gift, inherited a summer home from a parent, or were awarded damages in a personal injury lawsuit, those assets are typically yours to keep, unless they were later mixed with marital funds.
Understanding what qualifies as separate property (and how to protect it!) is an important aspect of the divorce process. Michelle Cimino can help you navigate these distinctions and protect your property.
What Is Marital Property?
Marital property refers to any income or assets either spouse gains while married, regardless of whose name is on the title. This can include salaries, bonuses, retirement accounts, real estate, vehicles, investment portfolios, and even businesses started during the marriage.
Sometimes, assets that began as separate property can become marital through a process known as commingling. For example, if you place inherited funds in a joint account or spend them on shared expenses, they can lose their separate classification and become marital property.
Even if a house or car is in only one spouse’s name, if it was purchased during the marriage with marital funds, it’s likely subject to division.
How Do Assets Get Divided?
New York State follows an equitable division model. That essentially means that you and your spouse are going to walk away from this divorce with a division of assets that is deemed equitable. That does not necessarily mean your assets get split in half.
Division is based on several factors, such as each spouse’s income, contributions to the marriage, and future financial needs.
If you and your spouse can agree on how to divide your assets, you can avoid leaving those decisions to a judge. However, if you can’t reach an agreement, the court will determine what is equitable based on the specifics of your case.
Many clients worry that their spouse might try to claim assets that are actually separate property. Without proper documentation or legal guidance, even assets you believe are yours could be up for division. If you’re concerned about protecting what’s rightfully yours, you should reach out to an experienced divorce lawyer for help.
“Michelle is a wonderful attorney. She is very up to date regarding the law and is fair in every way. She goes the extra mile for her clients and you will not be disappointed. I am so thankful that I had her. Highly recommend.” – Charlene M.
Protect Your Separate Property: Consult an Experienced Divorce Attorney
Worrying about losing what’s rightfully yours shouldn’t add to the stress of ending a marriage. Knowing how New York law treats separate and marital property can help you make informed decisions and avoid unwanted surprises. With proper documentation and experienced legal guidance, you can protect your assets and maintain control over what matters most.
Michelle Cimino brings trusted support to clients facing these exact concerns. If you’re ready to protect what’s rightfully yours, schedule a consultation with The Cimino Law Firm today.
