The Modern Firm Website Analytics

What is the difference between marital and non-marital property?

What is the difference between marital and non-marital property?

What is the difference between marital and non-marital property?

What is the difference be…
Click Image to Play Video

Marital property is any property that was acquired during the marriage using marital funds in order to acquire it.

How something is titled doesn't determine whether it is marital property. If it is acquired, and paid for, during the marriage with marital funds, it is marital property. For example, if one spouse buys a car that is titled only in his or her name, but paid for it with marital funds, the car is still marital property because it was paid for during the marriage with marital funds.

Non-marital property is property that a spouse 1) owned before the marriage; 2) property that was acquired by gift or by inheritance from a third party during the marriage; or 3) property that was excluded by a valid agreement such as a prenuptial agreement or any property that is directly traceable to any non-marital property. For example, if a spouse had a bank account before the marriage, didn’t place any marital funds into that account, and then used money from that account to buy a car during the marriage, the car is still non-marital property because it is directly traceable to the non-marital bank account.

If a court decides that property is marital property then the court must determine how to “equitably” divide the property. Remember, equitable doesn’t necessarily mean equal.


“Great lawyer to work with. Excellent communicator and listener. Courtroom skills exceptional. Would highly recommend for any family law situation.”
– Divorce Client , ★★★★★ Review
“I highly recommend Geoff. He and his all-star team assisted me through a difficult and contentious divorce and child custody case. Geoff’s knowledge and personal relationships really assisted in the positive outcome of my case. Geoff was efficient throughout the…”
– Family Law Client , ★★★★★ Avvo Review
“Took a personalized approach to my complex divorce and was available to achieve an outcome beyond my highest expectations.”
– Divorce Client , ★★★★★ Review
“Strategic and Pragmatic. Geoff has seen plenty of situations and how they play out. Geoff has an expert understanding of the process. Geoff does a great job of communication and letting you know what’s going on by including you in…”
– Divorce Client , ★★★★★ Avvo Review
“One of the most dedicated, fair, competent, patient attorneys I have had the pleasure of dealing with. He has helped myself and many others through some difficult times. He is a very good listener and can direct you in the…”
– Divorce Client , ★★★★★ Review
“Excellent at simultaneously executing specific tactical aspects of the case while maintaining overall macro view.”
– Family Law Attorney
“I have worked with Geoffrey S. Platnick as an expert witness in several cases and find him to be an excellent attorney with a real interest in his clients.”
– Child Custody Expert , ★★★★★ Review
“Absolutely amazing during a very difficult time.”
– Divorce Client , ★★★★★ Review
“He is a brilliant lawyer, a fantastic strategist, willing to resolve cases through mediation but kick butt in court if that is required, and in the final analysis, effective in achieving his clients’ goals. One of the really great ones.…”
– Family Law Client , ★★★★★ Martindale-Hubbell Review
“A very empathetic and diligent person and attorney. His tact in suggesting acceptable solutions to emotionally charged situations and sensitivity to child issues that can easily get neglected in the egoic fracases in such cases is truly exemplary. I am,…”
– Family Law Client , ★★★★★ Martindale-Hubbell Review