Marital Assets

Under modern divorce laws, marital assets are defined as all assets and property acquired during the lifespan of a marriage. Across the nation, states adhere to differing policies regarding the distribution of assets in the event of a divorce. One format is known as equitable distribution, and the other format is known as community property. Within each of these groupings, there are subsections that states also follow, including factors for separate property and gifts. Additionally, defining the value of all marital assets is complex, with each case presenting specific issues surrounding determining this amount.

Fast Facts

  • Marital assets are frequently not noted as income, property, or other assets obtained prior to the marriage.
  • Marital assets also may be difficult to divide, resulting in settlement payments for a given asset.

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