Marital property is any and all property acquired during the marriage, regardless of how it is titled. When determining what is marital property we look at when the property was acquired and ask whether the acquisition was before or after the wedding date. Property acquired before the wedding date is non-marital property. Property acquired after the wedding date, with a few exceptions, is marital property. Some examples of things that are marital property include:
Your paycheck earned after the wedding date and during the marriage;
Contributions to a pension/401k/403b/TRS and/or any other retirement savings plan made after the wedding date and during the marriage;
Bank account contributions made after the wedding date; and
Real estate and personal property acquired after the wedding date.
With the above examples, and with all marital property, it does not matter whose name the property is titled under. Specifically, it does not matter that your name is on your bank account and that only your paycheck goes into that bank account. If you earned the paycheck during the marriage, the paycheck is marital property. The same is also true of property in just your spouse’s name.
The above examples are for illustrative purposes only and are not to be considered or utilized as legal advice. Every situation is different and requires an individual assessment by the qualified family law attorneys of Divorce Solutions.