Q: Husband had $150,000 in Defined Contribution pension before marriage,now valued 396,000. What part is TN marital asset?
Is it the 246,000 increase during marriage or do you subtract the 150,000 and then calculate the contributions during the marriage and gains on those figures?
A: The Judge in your divorce case will have the final say, but it seems to me it is the 246,000. Any increase in the value of a separate asset during marriage is generally considered "marital property," so certainly the contributions ( and the earnings thereon) made during the marriage are included. There are, however some cases that hold that appreciation ( earnings) which are purely the result of market increases ( as opposed to employee contributions) should not be considered marital since the spouse did not make a substantial/material contribution to that increase.
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