A marital estate may include assets which have appreciated both actively and passively and sometimes actively and passively at the same time, such as a family home.

The assets possessed by the spouses in a divorce are classified as either separate or marital (or community in a community property state like California). The marital assets are those assets that are divided upon divorce. Once it is determined what assets are marital, it becomes an offset game of negotiation of who gets what in order to reach a property settlement. If a settlement cannot be reached, a judge will distribute the martial assets as he or she sees fit.

Don't Forget to Visit Our Online Support Community

Your Suggestion

1. Overlooked Assets
   Sometimes divorcing couples forget about assets. Sometimes these assets can have significant value and are rightly subject to distribution. They include frequent flyer miles, stock options, club memberships, patents and copyrights and intellectual property, overtime and sick pay.
   Contributed on 4/18/2007 by: DivorceDex.com Staff

   Category: Property Division  (Applicable in All States)
2. Marital Vs. Separate Property
   In regard to dividing property in a divorce the most common dispute between the divorcing spouses is the classifying of the assets. The definitions of separate and marital property are rather straight forward, but with certain assets, and how these assets were used or not used during the marriage, can make it arguable that they would be one type of asset rather than the other. For example, the engagement ring. The spouses were not married at the time, and the gift is typically considered separate property, but how can an engagement ring not be considered marital in nature? Another great example is a home inherited by one spouse, but both spouses living in the home as a married couple.
   Contributed on 4/18/2007 by: DivorceDex.com Staff

   Category: Property Division  (Applicable in All States)

Contribute Tip/Fact