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In a divorce, the judge normally divides “marital property” equally. “Marital property” means all property (real and personal) acquired by either spouse acquired by either spouse subsequent to the marriage except:

  • Property acquired prior to the marriage or by gift or by reason of the death of another, including but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or transfer on death arrangement
  • Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent
  • Property acquired by a spouse after a decree of divorce from bed and board
  • Property excluded by valid agreement of the parties
  • The increase in value of property acquired prior to marriage or by gift or by reason of the death of another
  • Benefits received or to be received from a worker’s compensation claim, personal injury claim, or social security claim when those benefits are for any degree of permanent disability or future medical expenses
  • Income from property owned prior to the marriage or from property acquired by gift or by reason of the death of another

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