Chapter 61.075 of the New York Statutes covers the specific laws regarding marital and non-marital assets and liabilities. Typically if one spouse owned property before the marriage and it was not comingled with other marital assets, it will remain separate property. All other assets and liabilities acquired during the marriage would usually be considered marital.
Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.
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