Coufal v. Coufal

The district court issue a decree of dissolution dissolving the marriage of Dale Coufal and Lavon Coufal. The court included in the marital estate the increase in value of the premarital portion of Dale’s public employee’s retirement account. Prior to the parties’ marriage, the increase in value was fixed and guaranteed by statute, but the interest accrued during the marriage. The district court concluded that the increase in value was part of the martial estate because it was accumulated and acquired during the course of the marriage through the joint efforts of the parties. The Supreme Court reversed in part, holding that the district court abused its discretion by including as a marital asset the increase in value of the nonmarital portion of the retirement account, as such increase in value was not due to the efforts or contribution of marital funds by the parties during the marriage and was readily identifiable and traceable to the nonmarital portion of the account. View "Coufal v. Coufal" on Justia Law