The answer is it depends on the situation. If the party maintains it separate than any accumulation of wealth and if it’s a non-marital property, then the wealth that accumulates is non-marital property. There are situations in which if the other spouse contributes to the non-marital property, gives it time or effort or does their own money to contribute to that non-marital property to enhance the growth, then you could sort of have a situation where the growth may have a part that is not marital but, is marital. I’m sorry for that matter, but for the most part non-marital property or any wealth it accumulates remains non-marital.
Sean Sullivan is a family lawyer practicing in the Elmhurst, Illinois area at the law offices of Laura M Urbik Kern, specializing in child custody and dissolution in divorce. Visit his website, www.laurakern.com, and Divorce Magazine profile.
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