What does the court consider in dividing property and debts?
Marital Property. With certain exceptions, all property which a couple came to own during the time they were married is marital property to be divided by the court. Some examples of marital property are: a) one spouses pension; b) the increase in value of one spouses non-marital property, if the value was added by efforts made during the marriage; and c) purchases made by one spouse using their own wages or benefits earned during the marriage. Non-Marital Property: The following is not marital property: a) Anything owned by one party prior to the marriage, and anything gotten in exchange for something owned prior to the marriage; b) Gifts or inheritances to one party only; jury awards for pain and suffering (but money for lost wages is considered marital property); Debts. Usually the judge will look at and divide the debts at the same time they are deciding the division of property. However, it is important to know that the court order telling Spouse A to take responsibility for a debt
