I am divorced and was told I could not include his practice as martial assests is this true?

If you were aware of the practice and it was not included in the property settlement in your divorce, you should go back to the attorney who represented you in the divorce and ask why.  There may have been some very good reasons, such as difficulty in evaluating it.  If there is no property settlement or equitable distribution as part of the divorce, you might have a claim, but the question would be whether or not it is worth the money.