In the context of a divorce, New York is an equitable distribution state (as codified in the Domestic Relations Law). Under longstanding case law, equitable does not necessarily mean equal. Assets of the marriage are first identified, then characterized as marital property (subject to equitable distribution) or separate property (not subject to equitable distribution) and ultimately valued so that the court can fashion an appropriate division. Valuing assets during a divorce is a fairly routine part of any matter.

As you might expect, there is a spectrum across which marital assets fall regarding the ease with which they can be valued with reasonable certainty. Putting aside cash and cash equivalents, real property and vehicles are easier to value than, for example, ownership interests in a business or stock options.

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