Appreciation of Pre-Marital of Non-Marital Assets During Marriage

The Florida Supreme Court has agreed to resolve the conflict between the cases of Stevens v. Stevens, 651 So.2d 1306 (Fla. 1st DCA 1995) and Kaaa v. Kaaa, 9 So.3d 756 (Fla. 2d DCA 2009). These District Courts of Appeal disagree in these two (2) cases on the manner in which appreciation (or increase in value) during a marriage of pre-marital or non-marital assets will be treated by the Court in a divorce action (i.e., whether the increase in value of the pre-marital or non-marital asset will be considered a marital asset).

Oral arguments on the issue are scheduled before the Florida Supreme Court on May 4, 2010.

The First District Court of Appeal is more willing to consider the increase in value during a marriage of such pre-marital or non-marital assets to be marital. The Second District Court of Appeal is much less willing to do so.