If you acquired or started your business prior to marriage, then it may be separate property. If your business ownership didn’t commence until you were already married, then it’s most likely a marital asset. That said, separately held business assets can become marital property even if one spouse held the asset individually before marriage. For example, if one party owns a business before marriage, but after marriage the other party quits their job to help with the business, then the business can be considered a marital asset.  The reason for this is that it may be possible to show that both parties took action that directly caused the business to increase in value. Factual circumstances can change the argument for keeping a business as separate property or marital property, so it’s important to speak with an attorney to discuss the specifics of your situation relative to you and your business.