Gladstone & Weissman, P.A.
Main 561-447-2274

April 2016 Archives

Active Appreciation of a Nonmarital Asset - the Latest from the Fourth District Court of Appeals

When classifying an appreciated asset for purposes of Equitable Distribution, family law practitioners can readily state the black letter law that active appreciation of a nonmarital asset is marital and passive appreciation is nonmarital. Florida Statute §61.075 tells us that "marital assets include the enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets" - AKA active appreciation. But what does that actually mean? Although the broad language of the statute certainly provides family law attorneys with something to argue about, it's critical to remain adept in the law and be on the lookout for case law that affords us with interpretive direction and clarification.

Gladstone & Weissman, P.A.

Boca Raton Office
101 Renaissance Centre
101 N. Federal Highway
Suite 702
Boca Raton, FL 33432

Toll Free: 866-974-8960
Phone: 561-447-2274
Fax: 561-447-2275
Map & Directions

Fort Lauderdale Office
Corporate Center
110 E. Broward Blvd.
Suite 1700
Fort Lauderdale, FL 33301

Toll Free: 866-974-8960
Phone: 954-761-9994
Fax: 954-761-9969
Map & Directions

Email Us For A Response

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy