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 12 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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