The language of the state statutes must be examined to determine if certain property is subject to division. State property division statutes can vary, but there are two general models.

According to the all property model, the court may divide any interest which...

• meets the criteria to be considered property and
• is owned by one or both of the parties on the date of classification.

The dual property model provides that the court may divide only that property which is considered marital or community property. An asset can be considered marital or community property if it...

• meets the criteria to be considered property,
• is owned by one or both parties on the date of classification,
• was acquired during the period of marriage,
• and does not specifically qualify as the separate property of either party.

The first two requirements of these models are the same while the last two are unique to the dual classification model. Following is a discussion of the requirements.

• meets the criteria to be considered property;
• This is very important. Anything that cannot be considered property is not divisible upon divorce.
• is owned by one or both parties on the date of classification;
• was acquired during the period of marriage;

Something which qualifies as property will not always meet the criteria to be considered "marital property." The criteria to be considered "marital property" differs from state to state. However, the general consensus is that the property must have been acquired during the period of marriage in order to be considered "marital property." Typically, property acquired prior to the marriage or after the marriage has ended is considered separate property, not qualifying as "marital property."

STATE	PROPERTY DISTRIBUTION	PROPERTY MODEL	INCREASE IN VALUE OF SEPARATE PROPERTY
ALABAMA:	Equitable Distribution	No Property Model	Separate Property
ALASKA:	Equitable Distribution	All Property Model	Marital Property
ARIZONA:	Community Property	Dual Property Model	Separate Property
ARKANSAS:	Equitable Distribution	Dual Property Model	Separate Property
CALIFORNIA:	Community Property	Dual Property Model	Separate Property
COLORADO:	Equitable Distribution	Dual Property Model	Marital Property
CONNECTICUT:	Equitable Distribution	All Property Model	Marital Property
DELAWARE:	Equitable Distribution	Dual Property Model	Separate Property
DIST OF COLUMBIA:	Equitable Distribution	Dual Property Model	Separate Property
FLORIDA:	Equitable Distribution	Dual Property Model	Separate Property
GEORGIA:	Equitable Distribution	Dual Property Model	Separate Property
HAWAII:	Equitable Distribution	All Property Model	Marital Property
IDAHO:	Community Property	Dual Property Model	Separate Property
ILLINOIS:	Equitable Distribution	Dual Property Model	Separate Property
INDIANA:	Equitable Distribution	All Property Model	Marital Property
IOWA:	Equitable Distribution	All Property Model	Marital Property
KANSAS:	Equitable Distribution	All Property Model	Marital Property
KENTUCKY:	Equitable Distribution	Dual Property Model	Separate Property
LOUISIANA:	Community Property	Dual Property Model	Separate Property
MAINE:	Equitable Distribution	Dual Property Model	Separate Property
MARYLAND:	Equitable Distribution	Dual Property Model	Separate Property
MASSACHUSETTS:	Equitable Distribution	All Property Model	Marital Property
MICHIGAN:	Equitable Distribution	All Property Model	Marital Property
MINNESOTA:	Equitable Distribution	Dual Property Model	Separate Property
MISSISSIPPI:	Title	Dual Property Model	Separate Property
MISSOURI:	Equitable Distribution	Dual Property Model	Separate Property
MONTANA:	Equitable Distribution	All Property Model	Marital Property
NEBRASKA:	Equitable Distribution	Dual Property Model	Separate Property
NEVADA:	Community Property	Dual Property Model	Marital Property
NEW HAMPSHIRE:	Equitable Distribution	All Property Model	Marital Property
NEW JERSEY:	Equitable Distribution	Dual Property Model	Separate Property
NEW MEXICO:	Community Property	Dual Property Model	Marital Property
NEW YORK:	Equitable Distribution	Dual Property Model	Separate Property
NORTH CAROLINA:	Equitable Distribution	Dual Property Model	Separate Property
NORTH DAKOTA:	Equitable Distribution	All Property Model	Marital Property
OHIO:	Equitable Distribution	Dual Property Model	Separate Property
OKLAHOMA:	Equitable Distribution	Dual Property Model	Separate Property
OREGON:	Equitable Distribution	All Property Model	Marital Property
PENNSYLVANIA:	Equitable Distribution	Dual Property Model	Marital Property
RHODE ISLAND:	Equitable Distribution	Dual Property Model	Separate Property
SOUTH CAROLINA:	Equitable Distribution	Dual Property Model	Separate Property
SOUTH DAKOTA:	Equitable Distribution	All Property Model	Marital Property
TENNESEE:	Equitable Distribution	Dual Property Model	Separate Property
TEXAS:	Community Property	Dual Property Model	Separate Property
UTAH:	Equitable Distribution	All Property Model	Marital Property
VERMONT:	Equitable Distribution	All Property Model	Marital Property
VIRGINIA:	Equitable Distribution	Dual Property Model	Separate Property
WASHINGTON:	Community Property	Dual Property Model	Separate Property
WEST VIRGINIA:	Equitable Distribution	Dual Property Model	Separate Property
WISCONSIN:	Community Property	Dual Property Model	Separate Property
WYOMING:	Equitable Distribution	All Property Model	Marital Property