During our marriage, my husband contributed some money to the account. Any money put into the account during the marriage will most likely be considered marital property. If you can show which funds in the account existed prior to marriage, you should be entitled to receive at least that amount in full upon divorce. What lawyers call active appreciation income and appreciation on separate property due to the labor, money or other contributions of either or both spouses during a marriage is marital property and subject to division upon divorce. That means your husband will most likely be entitled to at least a portion of the interest earned on money contributed during the marriage.
Laws regarding the combining of marital and separate property vary widely from state to state.
It s important to consult with a local qualified divorce lawyer to get advice on your particular circumstances. I m going to receive a lump sum settlement from a car accident I was involved in a couple of years ago. Courts in Ohio have generally held that payment for pain and suffering resulting from an injury is the separate property of the injured person. But the portion of the payment that makes up for lost earnings and expenses resulting from the accident may be considered a marital asset that may be divided between you and your spouse in a divorce. So you should keep your personal injury settlement money separate from other money that might be considered marital property.