THE DOs

DO consider entering into a prenuptial or premarital agreement prior to marriage, to make clear which property is not subject to division upon your death or divorce.

DO maintain accurate and complete books and records to establish the separate nature of property you wish to keep independent from the marital estate -- such as property held by you prior to marriage, or property received by you alone as a gift or inheritance during the marriage.

DO continue to keep all separate property separate throughout the marriage if you are concerned about keeping it in your family (or as your personal asset) upon your death or divorce. Generally, this means you should not "commingle" property you owned prior to marriage with property you and your spouse acquire during the marriage, or it may become difficult -- if not impossible -- to legally determine which is which.

DO be aware that the increase in value of nonmarital property may be considered marital, so that each spouse is entitled to a share of the increased value upon divorce or the death of the property owner. This is especially if the increase (or "appreciation") in value is considered "active" rather than "passive."  Passive appreciation is, for instance, the increase in value of a bank account as a result of interest earned, or the increase in property value that results from standard inflation.  Active appreciation, on the other hand, occurs as a result of some form of actual effort, such as by repainting rental property or actively managing a stock portfolio.

DO use only your nonmarital property to purchase other property that you want to be considered nonmarital property.  In other words, a boat that you pay for with money you had before marriage and kept in a separate account after marriage will be considered nonmarital property, but if your spouse pays for part of it, or even helps maintain it, the boat could lose characterization as nonmarital property.