Marital Property

In divorce and family law, marital property is defined as any property or assets that one spouse or the couple together obtained during the lifetime of their marital union. The period of time noted as the lifetime of marital union ranges from the date of official marriage between the two individuals up to the final date that a couple begins residing apart from one another. Establishing marital property usually requires establishing what non-marital property, which depending on the state is, may include gifts, inheritances, and other assets that are specifically noted as non-marital assets. Additionally, prenuptial agreements may be in place that dictates whether or not assets are marital property.

Fast Facts

  • The vast majority of marital property disputes entail some form of mediation outside of the courts to resolve the dispute and forward an agreement to the divorce court judge for approval.
  • State laws vary on establishing the distribution of marital property based on a number of factors specific to each individual state.

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