Marital property is generally property that is acquired during marriage, is jointly owned by the spouses, and is subject to division upon divorce—whether the spouses reside in (1) an equitable distribution or common law property state or (2) in a community property state.

Marital property is distinct from separate property, which is generally property that a spouse acquired before marriage—or acquired by gift or inheritance during marriage—and is not subject to division upon divorce.

Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, divorce courts generally start with the presumption that the marital property is owned equally by the spouses and will be divided equally upon divorce.

In other states—so-called equitable distribution or common law property states—the divorce court attempts to divide the spouses’ assets equitably (fairly) and may consider a spouse’s separate property in deciding to make an unequal division of the spouses’ marital property.

In practice, the difference between the division of assets in community property states and in equitable distribution states is sometimes not as great as it may seem, as the court in a community property state may have the discretion to divide the spouses’ community property on a 60-40, 70-30, or other unequal basis.

In Louisiana, which is a community property state, marital property is typically considered to be any property acquired by either spouse during the marriage, except for gifts and inheritances received by one spouse. The presumption in Louisiana is that all marital property is owned equally by both spouses, and thus it should be divided equally upon divorce. This is in contrast to equitable distribution states, where courts divide marital property in a manner that is deemed fair, which may not always be equal, and can take into account a spouse's separate property. However, even in Louisiana, the court may have discretion to divide community property in an unequal manner if circumstances warrant such a division. It's important to note that the classification of property as marital or separate can be complex, and specific circumstances can affect how property is divided. An attorney can provide guidance on how the laws in Louisiana apply to an individual's situation.