Although there are two major approaches to dividing property, all fifty states recognize the concept of separate property. In general, this is property that was owned by one spouse prior to the marriage, received as a gift specifically for one spouse, acquired through inheritance, or acquired after the date of separation. Separate property that is mixed with marital property (perhaps by making loan payments with marital funds) may become completely or partially marital property. You will want to do your best to document any assets you may have had prior to the marriage so that you, most likely with the assistance of a lawyer, can determine if they can be categorized as separate. On the other hand, if you expect your spouse to claim property, potentially including a business, as separate property, you will want to gather documentation to show any contributions made to the property during the marriage.
