It is possible that before your Miami divorce is finalized, the court could preliminary distribute some of your marital assets and debts. This is called an interim distribution and there are specific requirements that need to be met in order for it to happen.
First, a party seeking interim distribution in a Miami family law case must file a sworn motion stating good reasons why the distribution cannot wait until the case is finalized.
Second, the court must factor the partial distribution into any final distribution of marital assets and liabilities. The court must also make specific findings that the interim order will not cause prejudice to either party’s claims for attorneys’ fees or alimony in a Miami divorce case.
Last, the interim order must be in conformity with an order that would be entered at a final hearing on equitable distribution, meaning it must consider the statutory factors for unequal distribution and must set aside to each party his/her non-marital property and debts.
In all, a party seeking an interim distribution has a high burden to show that extraordinary circumstances require such relief. An example could be a house that could go into foreclosure as a result of one or both parties losing their employment mid-case. One party might ask the court to force a sale of the house and distribution of the net proceeds in order to save the equity in the house.
If you have questions about your equitable distribution in a Miami divorce, we may have answers. Contact a Miami divorce attorney at Streets law for your consultation options.