In general, marital property is everything either partner earned or acquired throughout the marriage. In contrast, separate property belongs only to one spouse. The rules vary by state, but separate property generally includes: Property either spouse owned before the marriage or after a legal separation Property acquired during the marriage in one spouse's name and not used for the other spouse's benefit Property both spouses agree to in writing is separate Gifts or inheritances received by one spouse during the marriage Pension proceeds that vested before marriage Certain personal injury awards