Are Premarital Assets Protected in Divorce?
Feb 14, 2025
Divorce can be challenging, especially when it comes to dividing assets. One common concern is whether property or financial assets owned before marriage remain protected during divorce proceedings. In New York, the general rule is that premarital assets—property, savings, or investments acquired before the marriage—are considered separate property and are not subject to division. However, certain exceptions can lead to the commingling of assets, potentially making them marital property and subject to equitable distribution.
Legal Protection for Separate Assets
In New York, separate property includes assets acquired before marriage, inheritances, gifts from third parties, and compensation from personal injury claims. These assets generally remain with the original owner after divorce unless they have been mixed with marital assets. For example, if premarital funds are deposited into a joint bank account and used for household expenses, they may be considered marital property.
Our team assists clients in protecting their financial interests during divorce proceedings. If you need guidance on asset division, our firm can provide the legal support you need. Learn more about our services by visiting Levitsky Law Firm PLLC.
When Premarital Assets Become Marital Property
Several scenarios can lead to premarital assets becoming marital property, including:
- Commingling of Funds – If premarital savings or inheritances are placed in a joint account and used for shared expenses, they may no longer be considered separate property.
- Property Appreciation Due to Marital Efforts – If one spouse actively contributes to the increase in value of a premarital asset, such as a business or real estate, a portion of that appreciation may be subject to division.
- Title Transfers – If a spouse voluntarily adds their partner’s name to the title of a premarital property, it could be considered a marital asset.
A Brighton Beach divorce lawyer can evaluate your financial situation and determine whether your assets remain protected under New York law.
The Role of Prenuptial and Postnuptial Agreements
A well-drafted prenuptial or postnuptial agreement can safeguard premarital assets in the event of a divorce. These agreements allow couples to define which assets will remain separate and which will be subject to division. Courts will rely on equitable distribution laws without a legally binding contract, which may not align with your original intentions.
For those who did not establish a prenuptial agreement, a Brighton Beach family lawyer can help create a postnuptial agreement to clarify asset ownership before a dispute arises.
Strategies to Protect Premarital Assets
To ensure that separate property remains protected, individuals should take proactive steps, including:
- Keeping Premarital Assets Separate – Avoid depositing separate funds into joint accounts or using them for shared expenses.
- Maintaining Proper Documentation – Keeping records of inheritances, gifts, and personal investments can help prove ownership in court.
- Consulting a Divorce Attorney – Legal guidance can prevent costly mistakes that could result in the loss of separate assets.
Our firm is ready to assist you if you need help protecting your financial interests. Visit our Testimonials page to learn more about how we have helped clients in similar situations.
Securing Your Assets and Financial Stability in Divorce
Understanding asset division laws is crucial for anyone going through a divorce. If you have concerns about your financial future, legal representation can provide the clarity and support you need. A divorce lawyer in Brighton Beach can guide you through the process and help safeguard your assets.
At Levitsky Law Firm PLLC, we are committed to protecting our clients’ rights in divorce proceedings. Whether you need assistance with asset division, child custody, or financial agreements, our firm provides the legal support necessary for a secure future. Contact us today to schedule a consultation.