The estate includes property acquired during marriage regardless of title, excluding separate property. Valuation dates vary by state and by asset type, and post-separation acquisitions may be excluded.
Classification precedes valuation and division.
Alternative Names:
Marital Property|Community Estate
Why it Matters?
Valuation date selection materially affects outcomes for volatile assets, since a business or securities portfolio valued at separation rather than trial produces a different figure and states differ on the applicable date and whether it varies by asset. Post-separation appreciation attributable to one spouse's efforts is separately contested and treated as separate property in several jurisdictions.
Frequently Confused with
Related terms
Frequently asked questions
Why does the valuation date matter?
How is post-separation appreciation treated?
