Separate Property

Separate property, within the context of marriage and divorce law, is any form of assets that one spouse exclusively owns and is not subject to distribution as a marital asset in the event of a dissolution of the marriage. Assets named as separate property in prenuptial agreements are the first level of assets that are protected. Other assets that are commonly found to be separate property include income prior to the marriage, any investments made prior to the marriage, and any inheritance or gifts received during the lifespan of the marriage, as well. Additionally, agreements between spouses may also specifically note assets as being individually owned.

Fast Facts

  • Separate property is typically secure if established in writing, however, assets not specifically noted in writing are subject to the laws of the state where the divorce is taking place.
  • Distribution of assets during a divorce proceeding will determine what assets are marital assets and separate property.

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