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#[1]alternate IFRAME: [2]//www.googletagmanager.com/ns.html?id=GTM-WGZCHF [3]Skip to main content. * [4]Home * [5]Stocks + [6]Stocks + [7]Zacks #1 Rank + [8]Zacks Rank + [9]Zacks Industry Rank + [10]Equity Research + [11]Markets * [12]Funds + [13]Funds + [14]Mutual Funds + [15]ETFs + [16]Mutual Fund Screener + [17]ETF Screener + [18]Top ETFs * [19]Earnings + [20]Earnings + [21]Earnings Calendar + [22]Earnings Releases + [23]Earnings ESP * [24]Screening + [25]Screening + [26]Stock Screener + [27]Mutual Fund Screener + [28]ETF Screener + [29]Premium Screens + [30]Quant Monitor + [31]Research Wizard * [32]Finance + [33]Personal Finance + [34]Insurance + [35]Investing + [36]Money Managing + [37]Real Estate + [38]Retirement Planning + [39]Tax Information * [40]Portfolio + [41]My Portfolio + [42]Create Portfolio * [43]Education + [44]Education + [45]Stocks + [46]Style Scores + [47]Funds + [48]Screening + [49]Video + [50]Personal Training * [51]Services + [52]Services Overview + [53]Zacks Ultimate + [54]Zacks Investor Collection + [55]Zacks Premium + [56]Zacks Confidential + [57]Black Box Trader + [58]Blockchain Innovators + [59]Counterstrike + [60]ETF Investor + [61]Healthcare Innovators + [62]Home Run Investor + [63]Income Investor + [64]Insider Trader + [65]Large-Cap Trader + [66]Momentum Trader + [67]Method for Trading + [68]Options Trader + [69]Research Wizard + [70]Stocks Under $10 + [71]Surprise Trader + [72]Top 10 Stocks + [73]Value Investor * Quote or Search_____ Search [74][LINK] [75]Finance [INLINE] * [76]Insurance| * [77]Investing| * [78]Money Managing| * [79]Real Estate| * [80]Retirement Planning| * [81]Tax Information 1. [82]Finance 2. [83]Money Managing 3. [84]Personal Money Management 4. Divorce & Individual Savings Account [85]Even individual savings may be marital property. Even individual savings may be marital property. Comstock Images/Comstock/Getty Images More Articles * [86] 1. Irrevocable Trust & Divorce * [87] 2. Can Joint Savings Accounts With Grown Children Be Considered Part of the Marital Assets? * [88] 3. Can My Husband Get Money I Saved in the Bank Under My Name During Our Marriage? When it comes to marriage and divorce, the word "individual" loses much of its meaning. Courts rarely care how an asset is titled, or which spouse's name is on a savings account. They do care about how the account originated, however, and what happened with it after it was established. Separate Vs. Marital Property In divorce, all assets fall into one of two categories: Your savings account is either your separate property or it's marital property. It's separate property if you opened it before you got married, if someone gave the money specifically to you, or if you inherited the funds. Otherwise, if you opened it during the marriage and regularly contributed to it, it's marital property even if only your name is on the account. Separate property typically isn't divisible in a divorce. Marital property is. Commingled Accounts When it comes to liquid assets such as savings accounts, the lines between separate and marital property can blur, even if you opened the account before you married. For example, you might have have made a few deposits during your marriage, even though the account was originally your separate property. In legal terms, you've "commingled" the account. Generally, the balance as of the time of your marriage is your separate property, but the remainder is marital money. In a divorce, you would have the right to retain your separate portion, but a court will divide the remainder between you and your spouse. In most states, the burden of proof is on you to prove that there was a balance in the account when you married - your premarital property - and how much it was. Interest Even if you never commingled your separate savings account, any interest it's earned over the years might be an issue. These laws can vary from state to state, but in some jurisdictions, marital property includes appreciation of premarital or separate assets. In this case, your challenge becomes to identify the original balance at the time you married and separate out any growth since that time. The growth may be divisible in a divorce. Joint Accounts If you opened a savings account during your marriage, it's technically a joint account. even if it's in your name alone. Your spouse gets a portion of it. How much may depend on whether you live in a community property state or an equitable distribution state. If you live in a community property state, it's usually 50 percent. In other states, property division is left to the discretion of a judge and the split might be more unequal depending on the circumstances involved in your particular situation. If your divorce is amicable, your spouse can take a share you've agreed on and that will be that. Otherwise, a court will have to decide the division for you. If you spend the money before the divorce is final, the account is typically charged to your share of assets in overall property division. You'll have to reimburse your spouse for a portion of its balance, either with a cash payment or by giving her another marital asset. [INS: :INS] IFRAME: [89]//www.dianomi.com/smartads.epl?id=3360 [90]References (4) * [91]Bedrock Divorce Advisors: The Difference Between Separate and Marital Property * [92]DivorceNet: Handling Joint Accounts in Your New Jersey Divorce * [93]WomansDivorce: Divorce Bank Account Questions * [94]The Law Firm of Thurman W. Arnold III: What Are Tracings in California Divorce Proceedings? Tossed Salad and Mixed Vegetables! Photo Credits * Comstock Images/Comstock/Getty Images About the Author [INLINE] Beverly Bird has been writing professionally for over 30 years. She specializes in personal finance and w, bankruptcy, and she writes as the tax expert for The Balance. Recommended Articles * [95]Law for Distribution of IRA in Divorce in New Jersey Law for Distribution of IRA in Divorce in New Jersey * [96]How to Share a Savings With Your Boyfriend How to Share a Savings With Your Boyfriend * [97]Is it Legal to Close an IRA Before a Divorce? Is it Legal to Close an IRA Before a Divorce? [INS: :INS] Related Articles * [98]Who Gets the Savings in a Wife's Name if She Dies? Who Gets the Savings in a Wife's Name if She Dies? * [99]Can a Husband Be Sued for Withholding Money? Can a Husband Be Sued for Withholding Money? * [100]Are Social Security Benefits Considered Marital Property? Are Social Security Benefits Considered Marital Property? Free: Money Sense E-newsletter Each week, Zack's e-newsletter will address topics such as retirement, savings, loans, mortgages, tax and investment strategies, and more. ____________________ Subscribe Editor's Picks * [101]Are Insurance Proceeds Community Property in Idaho? Are Insurance Proceeds Community Property in Idaho? * [102]Revocable Trust Vs. Prenuptial Revocable Trust Vs. 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