CLARK v. CLARK (Appellate Division, 2nd Dept)

The plaintiff was originally awarded $185,126 as a distributive award relating to the defendant-husband’s company, Clark Development, LLC.  Pursuant to review, the Appellate Court found that the defendant had presented sufficient evidence that the source of funds deposited into CD, LLC were in fact separate property, even though the business was formed during the marriage.  Furthermore, although appreciation or increase in the value of separate property may be subject to distribution if it is due in part to the contributions or efforts of the other spouse, the plaintiff did not provide sufficient evidence to support that claim.