Are all assets acquired during a marriage subject to division in a divorce regardless of title?

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Are all assets acquired during a marriage subject to division in a divorce regardless of title?

If my wife received stock in her company as a gift or bonus. while we were married but separated with no legal separation agreement am I entitled to half the stock in a divorce?

Asked on September 6, 2011 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay so here is the general rule about marital property.  Marital property includes all earnings during marriage and everything acquired with those earnings.  I highly doubt that the stock was a gift but rather considered a bonus.  But it does indeed matter because gifts and inheritances given to one spouse are generally considered separate property of that spouse.  So if it were considered marital property - which I believe that it probably is given its context as coming from her company that employs her rather than say her parents - then it is considered a marital asset to be divided equitably upon divorce.  Equitably does not mean equally so be aware of the difference.  Good luck.


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