Since property is assumed to be marital, you’ll have to make the case that a given item is separate property.
Generally, this will fall into one of three categories. Property that you brought into the marriage may be separate property, although your spouse can challenge that if they have made significant contributions to it.
Property that you inherited can be separate property, but if the inheritance has been mingled with marital property, as cash usually is, then your claim may have trouble.
Finally, damage awards from lawsuits are generally separate property, though again, if the proceeds were mixed with marital money, it may be difficult to substantiate the claim.
Your attorney is your best shot at prevailing on claims for separate property.
By creating clear documentation of the provenance of items or the source of cash, you stand the best chance at walking away with your property intact.
Call the attorneys at Zelenitz, Shapiro & D’Agostino today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce attorney.