In Oklahoma, marital property is that property acquired by the joint efforts of the spouses during marriage. All property acquired during marriage is presumed to be marital. The burden is on the person making a claim to prove that property is separate, not marital.
Separate property comes in various forms. It can include:
- Property owned before marriage and maintained separately during marriage;
- Property inherited and maintained separately during marriage;
- Gifts given to one party during marriage;
- Transfers for value between spouses during marriage.
Some property can have a dual character, part separate and part marital. For example, pensions and retirement accounts may be acquired in part during marriage, and in part outside of marriage. The marital and separate portions of the retirement accounts can be segregated, and the martial portion divided. Proceeds from damage lawsuits are separate property to the extent they compensate the injured spouse for pain and suffering or disability. Damage awards which compensate for wages lost during marriage are marital property.
Separate property may increase in value during a marriage. The increase in value may be marital property if it is the result of the joint effort, skill or funds of both spouses during marriage. If the increase in value is the result of market forces such as inflation or changing economic conditions during marriage, the increase in value is not marital property.
