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 Rhode Island, which is an equitable distribution state, marital property is defined as property acquired during the marriage and is subject to division upon divorce. This does not include separate property, which is property acquired before the marriage or received as a gift or inheritance during the marriage. Unlike community property states, where there is a presumption of equal ownership and division of marital property, Rhode Island courts aim to divide marital assets in a manner that is equitable, or fair, which may not always be equal. Factors such as the length of the marriage, the conduct of the parties during the marriage, and each spouse's contribution to the marital estate are considered. The court may also consider each spouse's economic circumstances and future needs. While separate property is generally not divided, it can influence the equitable distribution of marital property. It's important to note that equitable does not necessarily mean equal, and the division of assets can result in a variety of distributions based on what the court deems fair under the circumstances.