Separate property can also become marital property in several ways, including the failure to maintain the property as separate or the commingling of marital and separate property. Assumed in these general rules is that any property gained by either party during the marriage was gained with the knowledge that it would become marital property. Marital property, however, cannot become the separate property of either party without valid and specific agreements by the parties. Pensions Pensions are marital property to the extent that they were earned during the marriage, before separation. The marital share is a percentage, based on a ratio of months of marriage in which they were earned compared to all months of unmarried or separated pension-earning.
Courts usually divide the marital share in half.
In some cases involving military or foreign service families, special federal laws apply about when courts can divide pensions, and how much each spouse can get. In contrast, when parties settle their cases out of court, they often provide that each will keep their own pension. Marital Debts Also divided during the property settlements of a dissolving marriage are the debts the couple, or the separate spouses, have incurred. However, both spouses remain vulnerable to creditors for all debts incurred during the marriage, unless the creditor is willing to let one spouse refinance after the divorce. In order for the court to consider the possible effects of tax consequences, the contesting party must offer evidence of the expected tax consequences.