Marital property is any property or money that either spouse got during the marriage.
Most property is marital property, but the following are not marital property. Property:
- Owned before marriage
- Received as a gift, or an inheritance, or left to the person in a will
- Received by the spouse after a legal separation
- Not included because of an agreement between the spouses
- Received by a court judgment awarded to a spouse from the other spouse
- Received in exchange for any of the above
The court will divide the marital property fairly between the spouses. This does not mean that the court has to divide the property in a 50/50 split. Instead, the court will divide the property by looking at things such as:
- Length of the marriage
- Age of each spouse
- Physical and emotional health of each spouse
- Income or property brought to the marriage by each spouse
- Standard of living during the marriage
A court will generally not divide property that is not marital property. However, a court might still look at the property that is not marital property when it makes decisions about other divorce issues. One example is when a court is deciding how much maintenance, or spousal support, should be paid.
Updated: September 2016