In September 2000, a Los Angeles bankruptcy judge awarded Smith $ 449,754,134, the amount that the value of his interest in Koch Industries rose in
value during their marriage.
However, the increase in
value during the marriage that the business enjoys may be considered marital property, and therefore be divisible to your spouse if you become divorced.
If your separate assets appreciated in
value during the marriage due to marital efforts, such as your wife's labor or contributions, the appreciation is considered marital property and is subject to division in your divorce.
Assets owned prior to marriage or received during marriage as a gift or inheritance is separate property unless it increases in
value during the marriage due to either spouse's efforts.
Privately - held businesses also require valuation, including estimates of future earnings and determination of the specific gain in
value during the marriage if the business was one spouse's property prior to the marriage.
Not exact matches
The Pennsylvania Divorce Code establishes the presumption that marital property includes «all property acquired by either party
during the
marriage [without regard to title], including the increase in
value... of any nonmarital property acquired [prior to
marriage or by gift, bequest, devise or descent].»
However, the community will have an interest in the increased
value of the business
during the
marriage.
In other words, it determines what percent of the present
value of the pension was earned
during the years of
marriage.
Wife's financial expert concluded the marital portion of Husband's earnings
during the
marriage was $ 551,878 and conservatively estimated the
value of Lifeguards at $ 1.1 million and attributed $ 500,437 to a «marital allocation.»
They are fighting for an approach to marital property that would give a husband and wife equal control and ownership over property obtained
during the subsistence of the
marriage during marriage, and half the
value -LSB-...]
The primary issue regarding division of property dealt with a possible division of stock in M / I Homes which appreciated over $ 10 million in
value during the term of the
marriage.
Property that was brought into your
marriage is yours to keep, but any increases in the
value of this property
during the duration of
marriage must be shared.»
«The
value of any property that you acquired
during your
marriage and that you still have when you separate, must be divided equally between spouses.
The divorce court has no jurisdiction to divide separate property but is required to ascertain any increase in the
value of separate property
during the
marriage.
The husband received one half of the capital
value of the two properties (his share was # 1.3 million) and was provided with an additional award amounting to # 700,000 to reflect a combination of the following 3 factors: «(a) the standard of living enjoyed
during the
marriage; (b) the need for a modest capital fund in order to live in the property that he is to retain; and (c) some share in the assets held by the wife» (see paragraph 114)
If one spouse owned property before the
marriage, or received gifts, inheritance or money from a motor vehicle accident before or
during the
marriage, that has increased in
value during the course of the
marriage, the Court has the ability to use its discretion to divide up any increase in the
value of the property, although the principal amount will belong to just the one spouse.
Increase in
value of non-matrimonial assets which is due to the endeavours of one of the parties
during the
marriage.
If the agreement was properly executed, anticipated all the relevant contingencies that took place
during the
marriage, and the more powerful spouse complied with the terms of the prenuptial agreement to keep property separate, the claim's
value is very likely close to $ 1 million.
As a comparison, Diamond says the only the growth of an investment account
during the
marriage is subject to net family property equalization, allowing the party that brought the asset into the
marriage to get a credit for its
value on the date of
marriage.
In measuring the increase in
value from
marriage to separation, the trial court started with the
value of the proceeds that husband received when he sold his premarital home
during the
marriage.
the financial circumstance of each spouse based on the property owned, the
value of the property, whether it is income - producing property, and whether the property was acquired before or
during marriage.
may have conducted himself or herself,
during the
marriage, so as to dissipate or depreciate the
value of the marital property of the parties.
For a business that was established before the
marriage, many business owners use prenuptial agreements to declare any increase in the
value of the business
during marriage as remaining a non-marital asset.
For example, if you used marital assets to improve or maintain a house that you inherited
during your
marriage, the court would likely consider the increased
value of that house as marital property even while it considers the house itself to be your separate property.
When an asset is the separate property of one spouse, an increase in its
value that occurred
during the
marriage is still marital property if the increase is due to the active involvement of one of the spouses, rather than simply passive appreciation.
Income from separate property, or an increase in the
value of separate property, is also separate unless the income or increase in
value was the result of significant activity by either spouse
during the
marriage.
Oftentimes, couples disagree on the
value of an asset, whether it was acquired before or
during the
marriage, or they might fail to take into consideration important tax implications.
In addition, the appreciation in
value or gain in income from a source that is separate property will likely also become a spouse's separate property unless the other spouse can prove the gain in
value resulted from that spouse's efforts or labor
during marriage.
• The family residence purchased
during marriage with community property funds, along with any appreciation or increase in
value.
The Divorce Act sets out the factors to be considered and the objectives to be met in determining spousal support — how long did the spouses live together, what was the role of each spouse in the
marriage, what
value should be given to the contributions made by the spouses
during the
marriage, should one spouse be compensated for the financial benefit to the other, how is economic hardship arising relieved, and how is self - sufficiency of each spouse promoted?
Your pension must be
valued on the «date of separation», and only the
value that has built up
during your
marriage or civil partnership is taken into account.
Sometimes this is simple (for example, the
value of a retirement fund at the time of
marriage), but often can be complex because the separate property has been co-mingled with marital property
during the
marriage, or because the records are no longer available.
In New Mexico, the law designates all property acquired by either spouse
during the
marriage as community property that must be divided equally upon divorce according to
value.
However, if separate assets have increased in
value during the course of the
marriage, the increase in
value is considered as marital property.