The appreciated portion of the husband's interest in a family plumbing supply business was marital property, since his marital labor as president and operations manager contributed to the appreciation.
Robbie v. Robbie, 654 So. 2d 616 (Fla. DCA 1995).
The appreciation of the husband's interest in a closely held family corporation was marital property even though he was not the key decision maker, where he was employed full-time as the general manager and contributed by carrying out the decisions made by others.
Webb v. Webb, 636 So. 2d 883 (Fla. DCA 1994).
Appreciation of the husband's separate businesses was marital property, since he worked in the businesses during the marriage.
Fla. Stat. Ann. Section 61-075; Heinrich v. Heinrich, 609 So. 2d 94 (Fla. App. 1992); Straley v. Frank, 585 S.2d 334 (Fla. App. 1991); Bowen v. Bowen, 543 S.2d 1284 (Fla. App. 1989). If a court finds that property has appreciated in value due to the efforts of either spouse, all of the appreciation that occurs during marriage becomes marital property, regardless of outside market forces.
Macaluso v. Macaluso, 523 So.2d 615 (Fla. App. 1988); Wright v. Wright, 505 So.2d 699 (Fla. App. 1987); Young v. Young, 606 So. 2d 1267 (Fla. App. 1992). Courts look at the efforts put in by the parties, and any appreciation due to inflation or market forces is purely separate property.
Crapps v. Crapps, 501 So. 2d 661 ( Fla. App. 1987). Any increase due to the efforts of either spouse is marital property.
Heinrich v. Heinrich, 609 So.2d 94 (Fla. App. 1992). An increase in value as the result of expenditure of marital property is considered marital property.
To learn more about the appreciation of property in divorce, consult our explanation here.
