Amidst the outbreak of COVID-19 we will be offering telephone conferences in place of face to face consultations and meetings if our clients so choose. The health and safety of our clients, potential clients, and staff is a top priority. If you would like a video conference or a FaceTime call, let us know and we will set it up.

Family Law – Non-Marital Assets

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