In divorce settlements, what is typically considered a non-marital asset?

In divorce settlements, assets that are categorized as non-marital are those that were acquired or received outside the context of the marriage, which means they are not subject to division during a divorce. Assets received as a gift or inheritance are typically classified as non-marital because they are intended for the individual spouse rather than being a result of the marital partnership. In many jurisdictions, as long as the gifted or inherited asset has been kept separate from marital assets and not commingled, it remains the sole property of the receiving spouse.

On the other hand, assets acquired during the marriage, jointly owned property, and income earned during the marriage are generally considered marital assets and are subject to division during divorce proceedings. Therefore, while evaluating which assets to categorize as non-marital, receiving a gift or inheritance is clearly distinct as it is based on individual benefit rather than the collective marital relationship.