Marital property
Published on August 21, 2025 · 2 min read
What is marital property?
Marital property refers to assets and debts acquired by either spouse during the marriage. It includes things like income, real estate, retirement accounts, and even certain debts. In a divorce, marital property is subject to division, either through mutual agreement or by court order, based on state laws. Property acquired before marriage or through inheritance is typically considered separate property and not divided.
Key elements of marital property
Assets acquired during marriage: Most property obtained by either spouse during the marriage is presumed to be marital, regardless of whose name is on the title.
Examples include: Salaries and wages, joint bank accounts, real estate purchased together, retirement and investment accounts, vehicles, and household items.
Separate vs. marital property: Property owned before the marriage, received as a gift, or inherited by one spouse is generally considered separate, unless it was mixed with marital assets (commingled).
State laws vary: Some states follow community property rules (equal split), while others use equitable distribution (fair but not always equal).
Debt counts too: Debts like mortgages, credit cards, and loans taken on during the marriage are usually considered marital obligations, even if only one spouse signed for them.
Prenups and postnups can affect classification: Legal agreements signed before or during marriage can define what is considered marital or separate property.
Why understanding marital property matters
Knowing what qualifies as marital property is essential when preparing for divorce or legal separation. How these assets are divided can significantly impact your financial future. Whether you’re negotiating directly or going through court, it can be helpful to get legal guidance to help protect your property rights and pursue a fair settlement.
