Marital vs. Non-Marital Property And Debt

One of the first things a court is called upon to do in a divorce is to determine what is and what is not part of the marital estate, that is, what things are subject to distribution to the spouses. As a general rule, all property acquired by either or both spouses, and all debt acquired by either or both spouses, during the term of the marriage is considered part of the marital estate to be distributed. The term of the marriage, for establishing the marital estate, begins on the date of marriage and ends on the date of filing the Petition for Dissolution of Marriage. Everything acquired prior to the date of marriage or after the date of filing the divorce is generally considered to be the non-marital property/debt of the party that acquired it. There are many notable exceptions to the general rule, though, and you should make your attorney aware of all circumstances surrounding the acquisition of property and debt so that an argument can be fully presented that supports or defends a claim of marital or non-marital nature of an item.