ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Property

What if the property obtained during the marriage is in the name of one party only?

That, too, will usually be considered marital property if it was paid for with marital funds, such as wages. For example, if a wife buys a car during the marriage and pays for it with her wages, the car is marital property, even though it is in her name only. A pension is also usually marital property, even though it may have been earned by the labor of only one spouse during the marriage. A pension can be a very significant piece of property. The pension and the family home are often the most valuable assets acquired by a couple during the marriage. If a pension was completely earned before the marriage, it probably would be considered nonmarital or separate property. Marital or community property can be divided by the court between the parties.