Marital Asset

Category: legal

Any property, wealth, or debt acquired by either spouse during the course of the marriage, regardless of whose name is on the title.

Marital assets generally include the family home, retirement accounts, vehicles, and business entities started during the marriage. They are distinct from "separate property"—assets owned prior to the marriage or received as a personal inheritance or gift during it. Separate property can easily become a marital asset if it is "commingled" into joint bank accounts.

Common Examples

  • The court ruled that the brokerage account, though funded before the wedding, became a marital asset when joint funds were mixed into it.
  • Identifying every hidden marital asset requires a comprehensive forensic audit of all personal and corporate accounting ledgers.

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