41) Had the proposed legislation passed, in a case such as Kaaa in which a mortgage on nonmarital property was paid down during the marriage with marital funds and said property had passively appreciated during the marriage, the marital portion
of equity in the former marital home would have consisted of two components: paydown of the principal balance of the nonmarital mortgage and an equitable portion of the passive appreciation in the property.
The appellate court first determined that absent personal efforts by the wife, the increase in value of the nonmarital portion remained nonmarital but the increase in the marital portion
is marital property.
First, if a management expense relates to assets allocated to another portion of the estate, payment of the expense from the marital portion
will reduce the marital deduction; payment of the expense from the charitable portion will reduce the charitable deduction.
Discount the goodwill value to reflect only the marital portion
More specifically, the courts were wrestling with how to value and properly determine the marital portion
of retirement accounts.
The marital portion
is that which accrued after the marriage.
Thus, the value of the marital portion
of the estate will be reduced.
22) Parry applies the fraction utilized to determine the marital portion
of pension plans and cites to Trant v.
10) This figure was calculated by dividing the marital portion
of appreciation ($75,000) in half giving each party $37,500 as their respective share of marital appreciation.
When the nonmarital asset cannot be segregated, it is impossible to spend marital time improving the marital portion
without the nonmarital portion benefiting as a result of that effort.
11) In other words, once the marital portion
of the pie has been defined, the court, beginning with the presumption that the marital assets will be equally divided, must then determine, after looking at all of the factors in the statute, whether an equal division will result in an equitable decision.
One of these consequences is that a service fraction no longer may be used to determine a marital portion