Divorce

Unless there’s a legal agreement saying otherwise, like a pre-nuptial agreement, you and your spouse will need to divide the property, assets, and debts that either spouse accumulated during the marriage. If you and your spouse cannot agree on how to divide them, a judge will do so based on the legal standard in your state, which is either “equitable distribution” or “community property.” For more information on this, see What is the difference between equitable distribution and community property?

However, it’s important to distinguish that not everything is considered “marital property.” Some of the things that might be regarded as “separate property,” and therefore not included in the division of property, are things that either spouse got:

• before the marriage;
• through inheritance;
• through gifts; or
• during the marriage, but from money considered separate property.