Can I keep gifts in a divorce?

Contact Us Today!
giving a loved one a gift

When divorcing, one of the most contentious issues you will be faced with is property division. Understandably, there is a lot at stake during property distribution as each spouse’s overall financial security is at risk. New York is an equitable distribution state. This means marital assets are divided equitably between both parties, but not necessarily in an even 50/50 split. The court has discretion in dividing marital assets in whatever way they determine is fair after taking certain factors into account. Divorcing couples often wonder what types of assets are up for division. With that being said, they often wonder whether they can keep interspousal gifts. Keep reading to learn whether interspousal gifts are subject to equitable distribution and discover how a trusted Suffolk County Martial Property Attorney can help you navigate this complex legal process.

How are interspousal gifts divided in a divorce?

When divorcing it is crucial to understand the different kinds of assets subject to equitable distribution. As mentioned above, New York is an equitable distribution state which means any assets acquired during the marriage will be divided fairly between both parties. Essentially, marital assets are funds that were accumulated during the marriage. When it comes to equitable distribution, basically one spouse can receive a larger share of the couple’s marital assets if the court deems it reasonable. The court will consider several factors when determining a fair division of assets. The following include but are not limited to the factors a judge will consider:

  • The length of the marriage
  • The age and health of each spouse
  • Each spouse’s income and earning potential
  • Each spouse’s education
  • Each spouse’s contribution to marital property
  • Any alimony or child support orders
  • Property division tax consequences
  • Each spouse’s financial obligations

Ultimately, the court will review a number of factors in determining how to divide marital property. It is important to note that only assets acquired during the marriage are subject to equitable distribution. Separate property is not subject to equitable distribution. Separate property refers to any assets that were accumulated outside of the marriage.

When it comes to gifts, couples often wonder whether they are considered marital or separate property and subject to equitable distribution. The answer ultimately depends on whether the gift was an interspousal gift. Generally, if a non-spouse gives gifts to one of the divorcing spouses, that gift will be regarded as separate property. For instance, if one spouse is gifted a necklace from a friend, the necklace would be considered separate property. If the gift was given from one spouse to another spouse, the gift will usually be considered marital property as marital funds were most likely used to purchase the gift. Therefore, interspousal gifts are subject to equitable distribution in a divorce.

If you are dissolving your marriage, it is in your immediate interest to retain the legal services of one of our skilled and trusted team members. Don’t navigate this complex legal process alone. Our firm will work tirelessly to help you protect your hard-earned assets. Additionally, we will ensure you understand what types of assets may be subject to equitable distribution.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

Recent Blogs


Contact Us Today!