“Knowledge is knowing that a tomato is a fruit; wisdom is not putting it in a fruit salad.” —Miles Kingston

Domestic Relations Law (DRL) §236B(d) provides us with the definition of “Separate Property”: “The term separate property shall mean: (1) property acquired before marriage or property acquired by bequest, devise, or descent, or gift from a party other than the spouse; (2) compensation for personal injuries; (3) property acquired in exchange for or the increase in value of separate property, except to the extent that such appreciation is due in part to the contributions or efforts of the other spouse; (4) property described as separate property by written agreement of the parties pursuant to subdivision three of this part.” When this statute became effective on July 19, 1980, few attorneys or legislators could have envisioned the conundrums and contests that would envelope the disposition of claims concerning the characterization of property as either “marital” or “separate”; nor could anyone envision the multitude of published decisions addressing separate property claims that would be generated thereafter.

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