Non-Marital Property Can Be Considered in Equitable Distribution

Many parties and attorneys mistakenly assume that only marital property is relevant in a divorce case. Marital property is simply defined as all property acquired during the marriage, except by gift or inheritance. (Non-marital property can also be commingled or “transmuted” to marital property). Even though the non-marital property is not generally subject to division, it is always subject to review.

After a court has looked at the marital property, it must then examine the situation of the parties after a potential division, including a review of each parties separate property. If things look unfair, the Court can award a larger percentage of the marital estate where the other party has a substantial edge in separate property. Ainsworth v. Ainsworth, No. 2013–CA–00148–COA (5/27/14)

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