What must be considered to determine how much property is marital and how much is separate?

To determine the classification of property as marital or separate, the Source of Funds Rule is crucial. This rule emphasizes the origins of the funds used to acquire the property, essentially looking at whether the property was purchased with marital assets (which would classify it as marital property) or with separate assets owned by one spouse before the marriage, thereby classifying it as separate property.

Understanding the Source of Funds Rule allows for a clear assessment of which assets belong to the marriage as a result of joint efforts or contributions, as opposed to assets retained by a spouse individually prior to marriage. By focusing on where the money came from, this rule provides a fair approach to property division in divorce proceedings, ensuring that each spouse receives their rightful share based on contributions to the marriage, whether financial or otherwise.

Other considerations, such as the fair market value of properties or the classification of debts, though relevant to the overall financial picture in a divorce, do not directly address the determination of marital versus separate property. The duration of the marriage may have implications for aspects like alimony or the division of property, but it does not influence the categorization of property ownership in the manner that the Source of Funds Rule does.