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.
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.
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