What Are The Marital Assets and liabilities They Include

  1. Assets acquired and liabilities incurred during the marriage, individually
    by either spouse or jointly by them;
  2. The enhancement in value and appreciation of non-marital assets
    resulting either from the efforts of either party during the marriage or
    from the contribution to or expenditure thereon of marital funds or
    other forms of marital assets, or both;
  3. Interspousal gifts during the marriage;
  4. All vested and nonvested benefits, rights, and funds, accrued during the
    marriage in retirement, pension, profit-sharing, annuity, deferred
    compensation and insurance plans and programs; and
  5. All real property held by the parties as tenants by the entireties.
    Whether acquired prior to or during the marriage; shall be presumed to
    be a marital asset. If in any case, a party makes a claim to the contrary
    the burden of proof shall be on the party asserting the claim for a special
    equity.

There are very challenging aspects to determine valuations and the like. Valuation is an
expensive procedure that requires expert testimony of accountants, business valuation experts,
appraisals, pension consultants, and the like. Hopefully we can settle the issues.

About the Author

Stephen Butter