In New York, marital property is equitably distributed between the couple. An “equitable” division of marital property doesn’t necessarily mean that property is “equally” divided. Instead, the court will consider certain factors to determine how exactly to divide marital assets upon divorce. All property that the couple acquired during their marriage qualifies as a marital property upon divorce. An asset that a party a party obtained before getting married or after separating from their spouse to get a divorce qualifies as the acquiring party’s separate property and is not subject to equitable distribution.