The Tightrope: Protecting Enhancement in Value and Appreciation of Non-Marital Assets

Equitable distribution of assets in Florida divorces can be a complex and divisive issue.  Regarding trusts and divorces, you can walk a fine line between a marital asset and a non-marital asset.  Enhancement in value and appreciation can be a marital asset in certain situations. Oxley v. Oxley, 695 So.2d 364 (Fla. 4th DCA 1997) is a case that is especially relevant regarding a person placing their property in a revocable trust with themselves as trustee, hiring a financial manager to make the daily investment decisions, and thereby protecting themselves from the Florida Statute § 61.075(6)(a)(1).  This section provides marital assets and liabilities to include the enhancement in value and appreciation of non-marital 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, or both.  Meaning, technically, a non-marital trust’s…

Read more detail on Recent Family Law posts –

This entry was posted in Divorce Law and tagged , , , , , , . Bookmark the permalink.

Leave a Reply