Also known as: determination dates
Written by attorneys · grounded in primary & secondary sources — see below
The date marking the start of the marital property classification regime under the Uniform Marital Property Act. It is the latest to occur of marriage, establishment of a marital domicile in the state, or the act's effective date.
Delilah Duran and Dominic Drake married and established their home in the state on the same day. After that determination date Delilah began receiving her annual salary from her employer. The salary is classified as marital property because it was earned during marriage after the determination date.
Diego Duarte and Diana Delgado married and set up their marital home before the act's effective date. After the determination date Diego received a cash gift from his parent alone. The gift remains his individual property because it was acquired by a third-party disposition to one spouse only.
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The determination date is the latest of three events: the couple's marriage, the establishment of their marital domicile in the state, or the effective date of the Uniform Marital Property Act.
Income earned or accrued by a spouse during marriage and after the determination date is marital property. Each spouse holds a present undivided one-half interest in that marital property.
Property acquired by a spouse during marriage and after the determination date is individual if it was received by gift or inheritance from a third party to that spouse alone, acquired in exchange for other individual property, or fits another listed statutory exception.
Marital property transferred to a trust remains marital property.
A policy issued after the determination date is marital property. A policy issued before the determination date becomes mixed property to the extent premiums are paid from marital property after that date.