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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.

  1. Fla. Stat. § 61.075 (Equitable distribution of marital assets and liabilities)leg.state.fl.uschecked ↩
  2. Tex. Fam. Code ch. 3 (Marital property rights and liabilities)tcss.legis.texas.govchecked ↩

General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.

Cite this page

Page updated

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.