Marital Property

What Property is Marital Property?

Domestic Relations Law defines the term "marital property" to mean all property acquired by either or both spouses 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.

Is a Business Interest, College Degree, or Professional License Marital Property?

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 is marital property subject to equitable distribution if earned during the marriage.

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