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Ian Craig Steinberg
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Oct 21, 2026
Dividing Assets Explained: Who Gets What in Divorce?
2:06

Kimberly LorahHOST
Can you explain what the difference is? And in simple real life terms, why does it matter during divorce?
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2:15Ian SteinbergGUEST
Yeah, so there's a lot of these buzzwords that you hear when you're getting divorced.
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2:18Ian SteinbergGUEST
And so I find it our job as the lawyers to sort of explain that to our clients in plain English.
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2:31Ian SteinbergGUEST
It means all property and not just real like real property, but bank accounts, retirement accounts, investment accounts, cars, artwork and homes, investment, everything that falls under an asset.
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2:45Ian SteinbergGUEST
And the way that we do that is by classifying the assets, at least in New York, where I'm based.
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2:51Ian SteinbergGUEST
as either marital property or separate property okay so under the law marital property is anything that you earn during the marriage regardless of title so that means that when you earn income from your employment it goes into a bank account in just your name It is still considered marital because you earned it during the marriage, even though it's just in your name.