§ 20-3-630. Marital property; nonmarital propety.
(A) The term "marital property
" as used in this article means all real and personal property which has been acquired by
the parties duringthe marriage and which is owned as of the date of filing or
commencement of marital litigation as provided in > Section 20-3-620 regardless
of how legal title is held, except the following, which constitute nonmarital property:
(1) property acquired byeither partybyinheritance, devise, bequest, or gift from a party other than the spouse;
(2) property acquired byeither party before the marriage and property acquired after the happening of the earliest of:
(a)entry of a pendente lite order in a divorce or separate maintenance action;(b) ormal signing of
a written property or marital settlement agreement; or(c)entryof a permanent order of separate maintenance and support or of a permnentorderapprovinga propertyor marital settlement agreement between the parties;
(3) property acquired by either party in exchange forpropertydescribed in items (1) and(2) ofthis section;
(4) property excluded by written contract of the parties. "
Written contract"includes anya ntenuptial agreement of the parties which must be considered presumptively
fair and equitableso long as it was voluntarily executed with both parties separately represented by
counsel and pursuant to the full financial disclosure to each other
that is mandated by the rules of the family court as to income, debts, and assets;(5) any
increase in value in nonmarital property, except to the extent that the increaseresulted directlyor indirectly
from efforts of the other spouse duringmarriage.
Interspousal gifts of property, including gifts of propertyfrom one spouseto the othemade indirectly
by wayof a third party, are marital propertywhich is subject to division.
(B) The court does not have jurisdiction or authority to apportion nonmarital property