Also known as: marital properties · matrimonial property
Written by attorneys · grounded in primary & secondary sources — see below
Property acquired by either spouse during the marriage that is subject to division upon divorce or the death of a spouse. The category excludes property acquired by gift, inheritance, or before the marriage, as well as property reclassified as individual by agreement or decree.
Ming Ma and Maria Morales jointly own rental houses acquired during their marriage. A state statute designates the husband as head of household and permits only him to mortgage or sell the properties without his wife's consent. Maria objects when Ming grants a mortgage alone. The statute is invalidated because it creates an impermissible gender classification that fails intermediate scrutiny under the Equal Protection Clause.
Melissa Mills and Mina Mehta enter a marital property agreement that designates certain investment accounts acquired during marriage as Melissa's individual property. The accounts are later treated as separate rather than marital property. Upon divorce the court honors the reclassification under the agreement.
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Meredith Maxwell seeks maintenance after divorce from Mariam Mansour. The court examines the marital property already apportioned to Meredith, her independent earning capacity, and the needs of the child in her custody. These factors determine the amount and duration of the maintenance order.
Maxwell Manufacturing suffers storm damage to equipment purchased with marital funds during the marriage. The owners receive an insurance recovery for the loss. The recovery is classified as marital property because it replaces damaged marital assets and no contrary agreement exists.
Meridian Motors' employee Maria Morales is injured in an accident. She receives a damages award that includes reimbursement for medical expenses paid from marital funds. Only the portion covering those expenses is classified as marital property. The remainder remains her individual recovery.
Mina Mehta and Ming Ma live together for several years without marrying. Ming's earnings purchase a home and investments. Upon separation the court applies contract and equitable principles to divide the accumulated assets rather than marital property rules.
Property acquired by gift, inheritance, or before marriage is excluded. Property reclassified as individual by decree, agreement, or written consent is also treated as separate rather than marital.
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Such a statute creates a facial gender classification that triggers intermediate scrutiny. It fails because preserving traditional household roles or administrative convenience does not constitute an important governmental objective substantially related to the sex-based means.
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Only the portion of a personal injury recovery that reimburses expenses already paid from marital property is classified as marital. The remainder attributable to pain and suffering or future losses remains individual property.
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Insurance or other recoveries that replace damaged marital property are classified as marital unless a decree, agreement, or written consent provides otherwise.
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…United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree." Every law enacted by Congress must be based on one or more of its powers enumerated in the Constitution. "The powers of the legislature are defined and limited;…