What assets are considered part of the marital estate for equitable distribution purposes?
Only assets that are “acquired during the marriage” are considered to be part of the marital estate. Any property that was acquired before the marriage is considered to be premarital property, and it is not subject to equitable distribution. “During the marriage,” is frequently interpreted as beginning the day the marriage ceremony took place, and ending the day when the divorce complaint was filed. The concept of a marriage is that it is an economic partnership. Therefore, if the parties have a separation agreement before the complaint for divorce is filed, then the partnership died on the date of the separation agreement, rather than the date when the complaint was filed. Any assets acquired during the marriage would be considered under equitable distribution up to the date of the separation. In summary, only property that is acquired during the marriage is subject to equitable distribution. However, property that is acquired by one party in contemplation of their marriage before the
Only assets that are “acquired during the marriage” are considered to be part of the marital estate. Any property that was acquired before the marriage is considered to be premarital property, and it is not subject to equitable distribution. “during the marriage,” is frequently interpreted as beginning the day the marriage ceremony took place, and ending the day when the divorce complaint was filed. The concept of a marriage is that it is an economic partnership. Therefore, if the parties have a separation agreement before the complaint for divorce is filed, then the partnership died on the date of the separation agreement, rather than the date when the complaint was filed. Any assets acquired during the marriage would be considered under equitable distribution up to the date of the separation. In summary, only property that is acquired during the marriage is subject to equitable distribution. However, property that is acquired by one party in contemplation of their marriage before the
Related Questions
- For Purposes of Equitable Distribution in Florida, What is the Cut-Off Date for Determining Marital Assets and Liabilities?
- Does equitable distribution mean that all marital assets get evenly divided between the souses?
- What assets are considered part of the marital estate for equitable distribution purposes?
