All property acquired and income earned during a marriage is subject to equitable distribution in New York. Equitable distribution is the process of dividing property acquired by or owned by the parties upon the termination of the marriage. The courts will separate what property is considered separate property and what is marital property. Separate property is property acquired before the married or property that is inherited by one spouse. Your spouse does not have any right to your separate property and all separate property will remain yours even after the divorce. Marital property is property acquired during the marriage and is distributed equitably between both parties.