One party may come to the marriage with substantial assets, particularly in cases of second or third marriages. While a valid prenuptial agreement is the best course in this event, absent that the law generally provides that wealth one brings to the marriage remains “separate property.” However, there are exceptions and subtle distinctions to that rule.
If one partner owns a house and the couple moves into this house as a primary residence, the property might be considered marital property for purposes of equitable distribution. In the case of one high net-worth partner, the issues become more complex and it may be necessary to work with a dedicated attorney. When couples build wealth while married, generally, all these assets are considered part of the marital estate but inheritance generally falls outside the marital estate.