Posted by Nydia Streets of Streets Law in Florida Divorce

When a spouse fears the other spouse is disposing of assets or removing money from bank accounts, a request to freeze assets may be made to a Florida divorce court. Because this is a form of injunction, it must be requested a certain way. A party’s failure to properly request the correct relief related to freezing assets may result in denial of the request. This was an issue in the case Doddapaneni v. Doddapaneni, 5D20-1735 (Fla. 5th DCA May 7, 2021).

The wife filed her petition for divorce, and at the same time filed a motion to freeze the husband’s bank accounts, alleging he removed a large sum of money from the parties’ joint account and closed others. The wife alleged that she was afraid the husband was attempting to dissipate and transfer marital funds without her consent or knowledge. The wife’s motion only requested that the husband be prevented from withdrawing funds from three accounts in his name, that he provide an accounting of all significant funds, and “for other and further relief the court deems appropriate”.

The trial court held a hearing on the wife’s motion. The wife requested at the hearing that the court place her name on all bank accounts held by the husband. The husband opposed this request, letting the trial court know the parties were only before the court on a motion to freeze accounts. The court then noted the wife’s request in her motion “for other and further relief the court deems appropriate” and used this to justify putting the accounts in both parties’ names. The husband appealed, arguing it was improper for the trial court to order both parties’ names to be added to the accounts when this was not requested by the wife in her motion.

The appellate court agreed with the husband, holding “Courts generally are unauthorized to award relief not requested in the parties’ pleadings. See Nabinger v. Nabinger, 82 So. 3d 1075, 1076 (Fla. 1st DCA 2011). And here, Wife’s request that her name be added to certain accounts was not requested in her motion. Furthermore, the generic request included in Wife’s prayer for relief is insufficient to cure Wife’s failure to plead the issue.” The court further noted that the issue was not tried by consent, as Husband explicitly stated at the hearing they were there only on the issue of freezing the accounts, and he did not consent to any other relief.

If you are considering or facing a request to freeze bank accounts or other marital assets in a Florida divorce, schedule a consultation with a Miami family law attorney to determine the next best steps in your case.