Posted by Nydia Streets of Streets Law in Florida Divorce
Can a text message between spouses establish the value of an asset for purposes of equitable distribution in a Florida divorce? Depending on the context of the message, it may. But settlement negotiations are not admissible in court proceedings, generally. This was an issue in the case Nunes v. Krup, 4D2024-0874 (Fla. 4th DCA February 19, 2025).
In this divorce case, at issue was the value of a vehicle. In a text message to the wife, the husband stated the value was $38,000 and that he was “willing to negotiate,” and he proposed that the parties enter an agreed order if the wife would agree to pay a certain amount for the vehicle. The court used this text message to establish the value of the vehicle at $38,000 and the husband appealed.
The appellate court reversed, holding “[T[he trial court should have sustained the former husband’s objection to the text message as inadmissible evidence of a settlement negotiation. See § 90.408, Fla. Stat. (2024) (‘Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.’). Because the text message was the only evidence to support the $38,000 valuation, the valuation is not supported by competent, substantial evidence. We reverse as to this finding only, and we remand for the trial court to value the vehicle using competent, substantial evidence and, if necessary, to recalculate the equitable distribution equalizing payment to account for a different valuation.”
Schedule your meeting with a Miami family law attorney to form a plan in your case.