According to the case law as of the date of this article, in determining alimony, special equity is a vested property interest brought into the marriage or acquired during the marriage because of a contribution of services or funds over and above normal marital duties:
“Special equity is defined as “a vested property interest brought into the marriage or acquired during the marriage because of a contribution of services or funds over and above normal marital duties.” Dyson v. Dyson, 597 So.2d 320, 324 (Fla. 1st DCA 1992) (citations omitted)(holding mortgage payments did not qualify as special equity; therefore, the wife was entitled to equitable distribution only to the extent the value of the property was enhanced by marital funds or labor). Generally, funds contributed must come from a source unconnected with the marital relationship. Id. Here, the funds that paid the property taxes came from marital funds, and former husband’s improvements on the land were not over and above normal marital duties.2 Therefore, on the record before us, former husband is not entitled to a special equity interest.
“The enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both,” is considered a marital asset. § 61.075(5)(a)(2), Fla. Stat. (2004). However, improvements or expenditures of marital funds to a nonmarital asset does not transform the entire asset into a marital *1239 asset; rather, it is only the “enhancement in value and appreciation” which becomes a marital asset. Strickland v. Strickland, 670 So.2d 142, 143 (Fla. 1st DCA 1996). Accordingly, to make an award for the enhancement in value and appreciation of a nonmarital asset, the court must make specific findings as to the value of such enhancement and appreciation during the marriage, as well as which portion of that enhanced value is attributable to marital funds and labor. See id.; see also § 61.075(3)(b), Fla. Stat. (2004).”
See: Martin v. Martin 923 So.2d 1236 (2006)
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