Family law
Marital property
Also called marital assets and liabilities
The assets and debts a court treats as belonging to the marriage and divides in a divorce. In Florida that generally means what either spouse acquired or owed during the marriage.[1]
In more detail
Florida's definition also reaches the increase in value of a spouse's separate property caused by marital effort or funds, and a share of some home equity paid down with marital money.[1] Community property states use similar ideas under different names.[2]
Varies by state
Each state defines marital or community property differently. Find your state’s rules.
Related terms
- Equitable distributionThe way many states divide marital assets and debts in a divorce: fairly, which isn't always equally.
- Separate propertyProperty that belongs to one spouse alone, such as what they owned before the marriage or received during it by gift or inheritance.
- Community propertyA system in which most property either spouse acquires during the marriage belongs to both.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.
Cite this page
MediationList. (2026, October 28). Marital property: Definition. https://mediationlist.com/glossary/marital-property/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.