What is the difference between separate or marital property? Well, separate property can be one a few things. For example, property that you or your spouse acquired before the marriage, an inheritance that you or your spouse acquired before the marriage and even during the marriage, money for pain suffering that you or your spouse was awarded due to a personal injury action. Generally though, all other property acquired during the marriage is considered to be marital property. Every now and then a piece of property can change from separate property to marital property, but that can be a little trickier, so we invite you to come into our office and we can evaluate your particular situation and determine whether the court is likely to uphold a specific piece of property as marital or separate.