but I didn't help build an 8 billion dollar fortune
#23 | Posted by TaoWarrior
Neither did she, the company he started 20 years before they got married, had value. The passive increase in that value was not hers to lay claim on. Only the active increase is a marital asset. Since she had moved out many years before, and were not actively engaged in a marriage, how much of the active increase was created as a result of the marriage.
In legal terms, the case comes down to "active" versus "passive" appreciation of marital assets, explained Carolyn Thompson, a prominent divorce lawyer in Oklahoma City. "To the extent that it was his work that made him wealthy, then it's a marital asset, subject to equitable division. If it is attributable to what we call passive' factors -- outside his control -- then it remains Harold's property."