How is the appreciation and interest on separate property split in New York?

Q: I am getting a divorce and wondering how to treat separate property, specifically our individual retirement plans that we had prior to getting married as well as real estate that my husband owns in NYC. Are appreciation and interest accrued while we were married split evenly?

A: Retirement assets are generally divisible based on the active appreciation from time of marriage to the date of the divorce filing. Most of the time, it’s not for the attorneys or courts to figure out – we usually employ the services of a QDRO drafting expert who will be tasked with applying the formula within the order itself – in conjunction with the plan. Schedule a consult with a Westchester Divorce Attorney for a full assessment.