When the court divides property, it first has to determine whether the property is marital or whether the property is separate. Marital property is basically anything that comes to the marriage by the effort of either party. It doesn't matter whether one party earned in the income or saved a 401k or earned a pension. It's going to be considered joint marital property we divided between the parties. Separate is specific instances of property that belong to one party. Separate property is inheritances that have been kept separate by one party, property that was owned by one party, before the marriage and was kept separate from the other party during the marriage, or gifts to one party that were kept separate. In cases of separate property, the judge should award that to the person who owns the property, except in very limited circumstances.