John David Moore, Appellant v. Nancy Moore, Appellee

Summary

The Supreme Court held that the divorce decree was final and appealable, vacated the court of appeals’ dismissal, and reversed and remanded for reconsideration of the business-growth division and alimony. It held that appreciation in property acquired before marriage remains nonmarital under the governing statute unless the circuit court makes the statute’s specific findings authorizing an equitable distribution, and it expressly overruled the judicially created active-appreciation rule. Although the alimony award was not an abuse of discretion on the existing record, the circuit court was required to reconsider it in light of the redistribution of property. Justice Brill, joined by Justice Wynne in relevant portions, and Justice Wynne separately dissented from overruling longstanding precedent and from deciding the merits in this court rather than remanding to the court of appeals.