What is Divisible Property?

The classification of Divisible Property for an Equitable Distribution claim is often the hardest concept for individuals to grasp due to the fact that the definition is excessively long and involves the transformation, modification and/or change of a marital asset.

Divisible property is broken into the following categories:

1. All appreciation and dimunition in the value of marital property and divisible property of either party occurring after the date of separation and prior to the date of distribution, except that appreciation or dimunition in value which is the result of postseparatoin actions or activities of a spouse are treated as divisible property.

2. All property, property rights, or any portion thereof received after the date of separation but before the date of distribution that was acquired as a result of the efforts of either spouse during the marriage and before the date of separation, including, but not limited to, commissions, bonuses, and contractual rights.

3. Passive income from martial property received after the date of separation, including, but not limited to interest and dividends.

4. Increases and decreases in marital debt and financing charges and interest related to marital debt.