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Marital Property Versus Non-Marital Property

Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the parties’ date of marriage would constitute pre-marital property and any property that was purchased after the parties’ date of separation would constitute post-separation property.  Both pre-marital and post-separation property are considered non-marital property and are not subject to equitable distribution in a divorce proceeding. Continue Reading