Thank you Yelena.
The business and other assets may be marital assets subject to equitable division by a court.
Here is why.
New York is an equitable distribution
state. This means that in the event of a divorce the "marital property" is "equitably" divided by the court. Property that is "separate property" is not divided by the court.
Separate property (not subject to property division) includes inheritances, property owned before the marriage
, personal injury awards, and gifts given to only one spouse.
Marital property (subject to equitable distribution) is basically anything that is not considered to be separate property and most income and appreciation on separate property that occurred during the marriage. Income attributable to the efforts of either spouse is marital property.
An "equitable distribution" means fair, not equal although it often is. The court in determining what is fair looks at the duration of the marriage, the assets and liabilities of the spouses, the monetary and nonmonetary contributions of each spouse and any other factor that the court expressly finds to be relevant and equitable.
Please let me know if you need any clarification. I would be glad to assist you further if I can