When does pre marital money become marital money?

My soon to be ex has a pre marital annunity and I was wondering if it is really martial property since I had to claim it each year on our joint return.
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Thomas Arthur McCormack

Thomas Arthur McCormack

Contributor Level 6
There may be a marital component but so long as the asset itself in clearly identifiable and traceable, it remains separate property. If there are identifiable earnings, that is, an increase in value, you may be entitled to some of the increase in value as that increase required the expenditure of tax money from marital assets.

THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could result in a different response. The attorney does not intend to create an attorney/client relationship by the response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.
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