Monthly Archives: November 2016

Not to Be Overlooked: Increased Value as an Asset in Divorce

Not to Be Overlooked: Increased Value as an Asset in Divorce by Sandy Balick

{2:42 minutes to read} The divorce process will focus on the distribution of a couple’s assets and liabilities, in a practice referred to as equitable distribution. In my last blog post, I noted the important distinction between separate (non-marital) and marital property.

One potential asset straddles the line between separate and marital, and this will be referred to here as “increased value.” In the divorce process, a non-titled spouse may claim a portion of the increased value of an otherwise separate asset. While the requirements for establishing such a claim are stringent, increased value may be too significant to be overlooked in the distribution process.

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