Extract to table

DRL § 236(B)(5) sets forth the factors the court must consider in making an equitable distribution of marital property

Where both factors are present — as is often the case — the court must determine the predominant cause of the appreciation and, if appropriate, apportion the appreciation between its active and passive components

The Court explained that the inquiry must focus on the "primary" or "predominant" cause of the appreciation

The Court emphasized that the active/passive distinction requires a careful, fact-intensive inquiry and that courts must avoid the temptation to characterize all appreciation of actively managed assets as "active" merely because the titled spouse was involved in the business

Caldwell engaged in some of the activities described above, the frequency, intensity, and significance of those activities must be assessed in context