Asked in Divorce for New York

Q: Hello, My ex wants to separate assets before he files for a divorce. Is that a requirement for filing for a divorce?

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
Answered
  • Williamsville, NY
  • Licensed in New York

A: First, specific facts could drastically change the analysis and this is not legal advice so do not rely on this information. Please consult an attorney.

Notwithstanding that point, you both could agree in writing to separate assets before the divorce, then once the divorce process is complete, the judge could incorporate that agreement into the final judgment. Generally, however, the actual assets cannot be divided until the divorce is actually completed.

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