NY family law attorney Ken Jewell on whether trust assets are marital or separate property in a New York divorce. He explains that assets placed in a trust can be categorized as either marital or separate property, depending on the nature of the assets. If the assets were obtained prior to marriage, or were gifted or inherited during the marriage and are provably in the name of only one spouse, they will remain separate property even in the event of a divorce. On the other hand, if the assets were acquired during the marriage as a result of joint efforts and were then placed in a trust, they would be considered marital assets and would be subject to division in the event of a divorce, similar to other types of marital property. The existence of the trust does not affect the division of these assets.