If you are going through a divorce in New York state, the court must divide all property acquired during the marriage equitably. It is important to know that this does not automatically mean equally. For example if you started a business or profession during the marriage the court will always give the non-titled spouse less than 50%. Property acquired before the marriage, from gifts or inheritance and personal injury awards are separate property not subject to equitable distribution.
The burden of proof is on the spouse claiming separate property. Hopefully, that spouse has records to support the separate property claim.
My law office is located in Syracuse, New York if you would like to come in for a consultation, we can be reached at (315)-479-1769.