What Counts as Marital Property in a Bronx Divorce

What Gets Split in Divorce

Anything gained while married is on the table. It doesn’t matter whose name is on the paperwork. If you bought it, earned it, or saved it after the wedding, expect it to be counted. That means bank accounts, homes, cars, and retirement funds. The court reviews everything before deciding who gets what. The split isn’t always even, but nothing gets ignored.

• Bank accounts opened after the wedding
• Investment portfolios built during the marriage
• Houses, condos, or co-ops bought while married
• Cars, motorcycles, and boats purchased together
• Retirement accounts and pensions that grew during the marriage
• Business interests started or expanded after tying the knot
• Stock options and bonuses earned while married

Every item on that list gets a hard look during equitable distribution in New York. The court checks dates, paperwork, and even the source of funds. It doesn’t matter if only one spouse’s name is on the account. If it grew during the marriage, it’s usually up for division. When clients come to us at Adon & Associates, we help them understand exactly what the court will consider marital property and how to prepare for the process.

What Stays Out of the Split

Not everything gets tossed into the marital pot. Property owned before the wedding usually stays with the original owner. Inheritances and personal injury settlements also stay separate, but only if they never touch joint accounts. The moment separate money mixes with marital funds, the lines blur. Suddenly, what was once yours alone can become fair game.

Here’s where people slip up:

• Depositing inheritance checks into a joint account
• Using marital money to fix up a house owned before marriage
• Letting separate investments pay for shared expenses

Once that happens, the court may treat the asset as marital. That’s why prenuptial agreements matter. They draw a clear line between what’s shared and what’s not. Without one, even a small mistake can cost you property you thought was safe. Our team regularly drafts and reviews prenuptial agreements to help clients protect their separate assets before and during marriage.

Real Estate Battles

Property fights get ugly fast. A house bought during the marriage almost always counts as marital, even if only one spouse’s name is on the deed. Mortgage payments made with joint money? That’s marital. Renovations paid from a shared account? That’s marital, too. Even if the down payment came from separate funds, the increase in value during the marriage often gets split.

Here’s what the court looks at:

• Who paid the mortgage and with what money
• Who funded renovations or repairs
• How much the property’s value changed during the marriage

Arguments over real estate drag out divorces. The court may order a sale, or one spouse may buy out the other. Either way, the process gets complicated. The paperwork, the appraisals, the negotiations. None of it moves quickly. For many, the family home is the biggest asset on the table. Losing track of the details can cost you tens of thousands. We guide clients through every step of real estate division, from gathering documentation to negotiating fair outcomes.

For more on how the court handles these disputes, see how property gets divided.

Debt Doesn’t Disappear

Divorce doesn’t just split assets. It splits debt, too. Credit cards, mortgages, and loans taken out during the marriage usually become shared problems. The court doesn’t care whose name is on the bill. If the debt piled up while you were married, both sides may get stuck with it.

• Credit card balances run up for family expenses
• Car loans for vehicles used by both spouses
• Home equity lines tapped for renovations

Debt division can get ugly. One spouse might try to hide balances or rack up new charges before the split. That’s why understanding your rights during separation matters. Don’t sign for new loans or credit cards until you know where you stand. The wrong move can leave you paying for someone else’s spending long after the divorce is final. At Adon & Associates, we work to ensure that all marital debts are properly disclosed and divided, so you aren’t left with unfair financial burdens.

Retirement Accounts Aren’t Safe

Retirement savings don’t sit untouched. The portion built up during the marriage gets divided, even if only one spouse worked. Pensions, 401(k)s, and IRAs all get split by court order. The process uses a QDRO: a special document that tells the plan administrator how to divide the funds. Miss a step, and you could trigger taxes or lose out on money you earned.

Here’s what gets split:

• 401(k) balances added during the marriage
• Pension benefits earned while married
• Employer stock options and deferred compensation

Dividing retirement accounts takes precision. The wrong paperwork or a missed deadline can cost thousands. That’s why proper financial planning during divorce isn’t optional. It’s the only way to keep your future secure. We help clients with QDROs and other retirement account issues to protect what they’ve earned.

Get Professional Property Division Help

Don't handle complex property division alone. Call Adon & Associates at 718-275-1243 or contact us to protect your rights and secure your financial future.

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