Section 15.6 Increase in Value of Property Acquired Before the Marriage or Under § 452.330.2(1)–(4), RSMo, Unless Marital Assets, Including Labor, Have Contributed to the Increases and Then Only to the Extent of the Contributions

• Library: Family Law Deskbook and 2014 Supp

4. (§15.6) Increase in Value of Property Acquired Before the Marriage or Under § 452.330.2(1)–(4), RSMo, Unless Marital Assets, Including Labor, Have Contributed to the Increases and Then Only to the Extent of the Contributions

The important exception to the rule—that increases in the value of separate property remain separate—occurs when the contribution of marital efforts has caused, at least in part, the increase in value. This issue is the source of a great deal of litigation.

In Meservey v. Meservey, 841 S.W.2d 240 (Mo. App. W.D. 1992), the Western District of the Court of Appeals considered the marital contributions of a farm wife to the increase in value of her husband’s separate farming corporation during their 23-year marriage. The wife’s proof at trial was that she took meals to field workers, fed the livestock, moved farm machinery, and located parts for repairs. The court said, “Marital labor, effort, or services will entitle a spouse to a proportionate share of the increase in value of the other spouse’s separate property only after comprehensive substantiation.” Id. at 245. Thus, there must be proof of:

“(A) a contribution of substantial services;

(B) a direct correlation between those services and the increase in value;

(C) the amount of the increase in value;

(D) performance of the services during the marriage; and

(E) the value of the services, the lack of compensation, or inadequate compensation.”

Id. at 245–46. Proof of...