Income
VIRGINIA: Robinson v. Robinson, 45 Va. App. 682, 613 S.E.2d 484 (2005), reh'g en banc granted, 46 Va. App. 43, 614 S.E.2d 676 (2005)
The trial court erred by holding that passive income received from an inherited trust by a husband who did not work should be classified just like earned salary. Passive income from inherited property is separate property under the equitable distribution statute, and therefore is not to be treated as a salary substitute even if the husband did not work.
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MISSOURI: Greiner v. Greiner, 146 S.W.3d 442 (Mo. Ct. App. 2004).
The trial court erred by treating as separate property an investment account started before the marriage, to which no funds were contributed during the marriage. Some of the growth in the account was accumulated interest income, and all income from separate property is marital property, regardless of cause. On the facts, however, the error was harmless. A home acquired by the husband after separation, with a marital property down payment, was properly treated as marital property.
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