Marital Property

What is Marital Property?

Domestic Relations Law defines the term "marital property" to mean all property acquired by either or both parties during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in an agreement (prenuptial or postnuptial agreement), or that which is Separate Property.

What about a Business Interest, College Degree, or Professional License?

In O'Brien v. O'Brien, the New York State Court of Appeals held that a spouse's interest in a profession or professional career potential earned during the marriage, is marital property subject to equitable distribution.

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