Generally, property each spouse owned prior to the marriage is considered separate property and not subject to division in divorce. Similarly, assets acquired during the marriage are generally considered marital property.

However, there are some gray areas. Say you owned a business prior to getting married. Although your spouse never helped run it, the business was supported with marital funds and profits went back into household finances. In divorce, your spouse may be entitled to a stake in the business because it became a commingled asset.