Generally, premarital property which was owned by one spouse prior to the marriage may not be assigned or awarded, in whole or in part, to the other spouse in a divorce.
However, any income derived from the subject property may be subject to division. Likewise, divisible is the appreciation in value of the premarital property, if any, from the date of marriage so long as such appreciation results from the efforts of either spouse. Income is viewed as a marital asset, without any restrictions. However appreciation in value is viewed as a marital asset to the extent that it resulted from the efforts of either party during the marriage. Therefore, when determining a marital estate one must analyze the form of any increase in value that a premarital asset has experienced in order to determine if the appreciation in value is subject to distribution.
