Category: Marital Property

Divorce and Marital Property: Defining What Is Yours, Mine and Ours

March 10, 2025 | Equitable Distribution, Legal Perspective, Marital Property

Icon for author Elisabeth W. Molnar Elisabeth W. Molnar

Equitable distribution sounds like a relatively simple term, but the reality can be far more complicated. What you bring into a marriage may not be what you leave with, and the division of those assets you share, called marital property, is not always a clean 50/50 split. Understanding what constitutes marital property versus separate property is the first step in determining how your assets might be divided, and how it […]

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Chasing Divorce Assets, Part 4

International Tracing

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements.  International Tracing Traditional discovery is an essential but incomplete tool when tracing foreign assets and income in connection with a divorce. Divorce lawyers must understand, and explain to clients, that the subpoena power of a U.S. court does […]

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Chasing Divorce Assets, Part 3

Defending and Attacking Prenuptial Agreements

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Defending and Attacking Prenuptial Agreements If the objective of a prenuptial agreement is to define and protect separate property, an effective one must anticipate and address future opportunities for comingling, transmutation, and retitling separate property. For instance, many […]

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Chasing Divorce Assets, Part 2

Distinguishing Separate Property

February 03, 2021 | Equitable Distribution, Legal Perspective, Marital Property

Icon for author Brian Vertz Brian Vertz

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Distinguishing Separate Property In jurisdictions employing a dual classification form of equitable distribution, there is a legal distinction between marital and separate property. Marital property is divided between spouses upon divorce. Separate property is exempt from equitable distribution, […]

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Chasing Divorce Assets, Part 1

Tracing Hidden Assets and Income

  This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Tracing Hidden Assets and Income Initially, asset tracing depends upon the voluntary disclosure of information from each spouse. If spouses suspect that money and property have been diverted from the assets disclosed in financial affidavits and discovery […]

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Avoid the Divorce Pitfall of Double Dipping

Many of us have heard of the party foul called double dipping — using the same chip or cracker for multiple scoops into the serving dish or crockpot of delicious dip. In divorce litigation, double dip has a much more complicated meaning. In divorce terminology, a double dip occurs when the same income or cash flow is used twice — once as an asset to fashion an equitable distribution of […]

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