Marital Property v. Separate Property

When dividing property in a divorce, property is either classified as marital or separate property. Marital property is considered any property acquired during the marriage. Marital property is subject to equitable distribution between the parties. Equitable does not necessarily mean that the property will be divided equally or 50/50, but that it will be divided fairly or equitably.

Separate property, on the other hand, is property that is acquired prior to the marriage or by gift or inheritance. Separate property is considered the separate property of that party and not subject to equitable distribution.