JoCo Divorce Lawyer: Is the property I had before the marriage going to be split if I get a Divorce?

Are my premarital assets subject to division in a divorce? The answer is generally no. Any assets that you had on the date of your marriage generally get awarded back to you in the divorce. That being said any appreciation on those assets may be subject to division in the divorce case. That means if you had $10,000 in a retirement account on the date of marriage but it accrued to $20,000 on the date of filing for the divorce, that appreciation of $10,000 may be considered and divided subject to the divorce.


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