The Marital Property in a divorce is Divided by a process known as Equitable Distribution. The court uses a series of "factors" to make the determination. Equitable Distribution does not mean "equal distribution" but sometimes to avoid conflict marital property is divided equally.
In an Uncontested Divorce, Equitable Distribution is NOT used because the parties are not asking the Court to divide the property for them, as they have come to an agreement on how property will be divided.
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.
Separate Property is often referred to as the property that was acquired before the marriage, however, the following is a list of property that is characterized as Separate Property: