Question #272:I live in New York, been married 10 years, and wife is considering separation / divorce. In regards to only the gifts given to each other during the marriage, and not from others outside of it, ( only since my gifts were mostly very expensive jewelry I bought for her, from which the question arises) is this considered separate property or community/marital property in the state of New York? Thank you.

Gifts given prior to the marriage, such as an engagement ring, in anticipation of marriage, become separate property of the receiver upon the marriage. Gifts ,such as jewelry, given during the marriage, such as bracelets, broaches, necklaces, etc., are marital property and are generally divided equally.

If you decide to separate and or divorce, I strongly urge you to consider divorce mediation. If you are living in the NYC metro area, call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater length.

Leonard Weiner, Esq./Divorce Solutions