Anthony v. Anthony

514 A.2d 91, 355 Pa. Super. 589, 1986 Pa. Super. LEXIS 11664
Supreme Court of Pennsylvania·Decided August 7, 1986·No. 03430 and 00226·Published·Cited by 22 cases

Opinions

BECK, Judge:

The issues in these appeals are 1) whether under the Divorce Code an increase, during the parties’ marriage, in the value of premarital assets constitutes marital property and 2) if the increase in value constitutes marital property, whether the entire increase is marital property or whether [591] the increase in value should be reduced to reflect the factor of inflation.

We hold that the entire increase, during the parties’ marriage, in the value of premarital assets is marital property and that the increase is not reduced to reflect inflation.

The Divorce Code1 defines marital property as “all property acquired by either party during the marriage____” 23

P.S. § 401(e). It excepts from the definition of marital property certain enumerated assets with a proviso that as to those assets the “increase in value during the marriage” is marital property. 23 P.S. § 401(e)(1) & (e)(3).

Both the appellant in Anthony and the appellant in Tompkins argue on appeal that an increase in the value of a spouse’s premarital property should not be regarded as marital property unless the appreciation in value is attributable to the joint efforts and/or financial contributions of both spouses and that to the extent an increase is due to economic factors such as inflation, it should be excluded.

Similar facts underlie both appeals. In both appeals, the appellant-spouse seeks to exempt from marital property the increased value of a residence which the spouse bought before the parties’ marriage. In Anthony, the appellant-wife purchased a house prior to marrying the appellee-hus-band. The common pleas court found that the fair market value of the house was $43,500 at the time of the parties’ marriage and $65,000 at the time of the parties’ separation. The court ruled that the $21,500 increase in the fair market value of the house during the period of the parties’ marriage constituted marital property subject to equitable division and distribution upon the parties’ divorce. Appellant and appellee were each awarded one-half of the $21,500 increase.2 In Tompkins, the appellant-husband acquired a [592] house prior to marrying the appellee-wife. The common pleas court found that the fair market value of the house was $36,000 at the time of the parties’ marriage and $42,000 at the time of the parties’ separation. The court ruled that the $6,000 increase in the fair market value of the house during the period of the parties’ marriage constituted marital property subject to equitable division and distribution upon the parties’ divorce. Appellant and appellee were each awarded one-half of the $6,000 increase.3

I.

The threshold inquiry is what comprises marital property —particularly, whether an increase in value, during the parties’ marriage, of either spouse’s premarital assets constitutes marital property. Pursuant to section 401 of the Divorce Code, marital property includes all property, real or personal, acquired during the parties’ marriage by either spouse, whether titled individually or jointly. 23 P.S. § 401(e)-(f). Thus, the time, rather than the method, of property acquisition determines if an item of property constitutes marital property under the Code.

Even the limited marital property exceptions enumerated in subsections 401(e)(l)-(7)4 of the Code reflect the signifi-[593] canee of the time property is acquired in differentiating marital property from nonmarital property. For example, subsections 401(e)(1) and 401(e)(3) exclude from marital property any real or personal property received during the parties’ marriage either in exchange for premarital property or by gift, bequest, devise or descent. Nevertheless, these subsections specifically classify as marital property any increase in the value of such exchange or given property during the parties’ marriage. In other words, if accrued during the period of the parties’ marriage, an appreciation in the value of property belonging to either spouse represents, in and of itself, property acquired during the parties’ marriage, i.e., marital property. See 23 P.S. § 401(e)(1) and (3).

Because it is the time, rather than the manner, of acquisition that determines whether property constitutes marital property under Pennsylvania’s Divorce Code, the spouses’ efforts and/or financial contributions are not germane to definition of marital property under the Code.5 See 23 P.S. § 401(e)-(f). The Code’s emphasis on “when” — not “how” — property is acquired distinguishes Pennsylvania’s divorce legislation from the marital dissolution law of other jurisdictions which exempt from marital property any assets [594] not acquired in joint title or by the united efforts and/or financial contributions of both spouses. See, e.g., Harper v. Harper, 294 Md. 54, 448 A.2d 916 (1982) (comparing and explaining the inception of title, source of funds, and transmutation of property concepts employed in some sister states); Robinson v. Robinson, 569 S.W.2d 178 (Ky.Ct.App. 1978); Suter v. Suter, 97 Idaho 461, 546 P.2d 1169 (1976).

In construing Pennsylvania’s Divorce Code, we must follow the Pennsylvania legislature’s scheme which separates the factors for defining marital property from the factors for distributing marital property. Time of acquisition is the factor that the legislature mandates the courts use in determining whether property is a marital asset. See 23 P.S. § 401(e)-(f). In contrast, a list of ten factors found in subsection 401(d) of the statute are considerations that the legislature mandates courts use in determining distribution of marital property. Those ten factors relate to the personal and economic circumstances of the parties and the parties’ contributions in bringing about an increase or decrease in the value of the marital assets. 23 P.S. § 401(d)(l)-(10). In other words, under the statute the court first determines what is marital property based upon the time of acquisition and then determines the equitable distribution of that property taking into account the factors in subsection 401(d).

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Anthony v. Anthony, 514 A.2d 91, 355 Pa. Super. 589, 1986 Pa. Super. LEXIS 11664 (Pa. 1986).

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