Dual classification is used in 29 states to define separate and marital property. In these states, the parties must determine when an asset was acquired to determine if it was acquired separate property in these jurisdictions is immune from distribution.

By comparison, the so-called estate subject to distribution. Eight other states -- Alabama, Alaska, Arkansas, Hawaii, Iowa, Minnesota, Ohio and Wisconsin -- do so if there is a situation of need by the nontitled spouse.

Neither dual classification nor all property definitions are as simple as they sound. For example, if Ginny received 100 shares of XYZ company as a gift before she married John, a portion of the distribution of property.

Once again, good legal advice is a wise idea.

See also Kitchen Sink States; Equitable Distribution; Community Property; Separate Property.