David R. Hartwig, ESQ.
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Divorce and award of business interests -- Lindsey v. Lindsey.

The Utah Court of Appeals has issued a new decision concerning the award of a premarital business interest that substantially appreciated in value during a twenty year marriage in a divorce. The husband held premarital business interests, the value of which approximately tripled during the marriage. The wife, in addition to being the home-maker, supported the husband's business efforts through performing various host duties in social settings to strengthen husband's relationships with his clientele.

The interesting point is that this award was by way of a summary judgment. The trial court, on husband's motion for summary judgment, granted judgment for husband that his business interests were premarital, had not been commingled, and wife's assertions of her support did not rise to a level to show that she augmented or enhanced the value of husband's business interests.

The case is Lindsey v. Lindsey.

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