Mercer v. Mercer

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals in a dissolution of marriage action where interest income from nonmarital property was treated as marital assets for the purpose of property division.

The principal issue is whether the accumulation of interest from nonmarital funds deposited in a financial institution is income and to be treated as marital property or is merely an increase in value of a nonmarital asset which is to be treated as nonmarital property.

The twenty-year marriage was dissolved in 1986 and one of the assets which the husband had received…