One of the most difficult parts of divorce, and also one of the most overlooked by the untrained eye, is the determination of the division of property. Many say “We own a house, and that’s about it” and consider themselves finished with dividing property once they determine the equity in the home and how much each party receives. The marital home is certainly often one of the largest pieces of property to divide in a divorce, but what about your vehicles? Your bank accounts? Your retirement? Your stocks? Your interest in a business? Airline and credit card points? iTunes accounts? Debts? All of these things and endless others fall under the large umbrella of property in your divorce.
While it seems like common sense that a divorcing couple’s property should be divided, a claim for equitable distribution (“ED”) is not automatic. The rights to such a claim vest at the date of separation. The claim can be asserted by either party at any time following separation, but it must be asserted prior to the final divorce judgment.
Once an ED claim is filed, there is an analysis that follows. The first step in that analysis is the identification and classification of the property. There are three different classifications the property may fall in: marital, divisible, and separate. Only the marital and divisible property, which includes assets and debts, is distributed in an ED claim.