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Divorcing spouses' rights. Courts have frequently recognized Marriage as an economic partnership. Divorcing spouses' rights to share in the wealth created during Marriage have been steadily expanding as shown by a number of recent rulings handed down all over the country. The courts have further distinguished situations where a party brings assets to the Marriage, keeps them segregated and set apart throughout the Marriage, and through the mere passage of time and the action of market forces the assets experience an increase in value. Passive appreciation of separate Property of either of the parties to a Marriage, or that increase which is due to inflation or to a change in market value resulting from conditions outside the control of the parties, is generally considered separate Property which is not subject to equitable distribution.
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