The flows are the easy part, the stocks are much harder. 1 partner enters the marriage with a $500K paid off house, the other enters with nothing. They divorce 20 years later and the house is appraised at $2.5M, should: A: partner 1 receive $2.5M, partner 2 receive $0? B: partner 1 receive $1.25M, partner 2 receive $1.25M? C: partner 1 receive $1.5M, partner 2 receive $1M? D: other? How does this answer change if the…
The general rule is that property owned prior to a marriage remains the separate property of that owner. So the answer to your first question is generally A. The answers to your other questions will depend on whether the couple is in a marital property state or a community property state, because the default rules regarding marital income are different.
Well, that's one possible rule; it's not the only/universal one.
(As a traditional ceremony might say, "with all my worldly goods I thee endow". That doesn't sound much like maintaining separate property...)