What are post separation assets?

Post separation assets refer to assets that have been obtained after separation, but before a financial Order is obtained in a divorce. These assets can include properties, bonuses, inheritances, and company shares. A Separation Agreement can specify the date of the separation, and identify what assets existed at the time.

How are post separation assets dealt with in divorce? If an asset was acquired after the parties’ separation using a party’s own endeavours and was not related to the marital partnership, or created during the marriage, the asset may be treated as non-marital and isolated. In the event that the marital assets are not enough to meet both parties’ needs, then isolated non-marital assets can be included to meet those needs.