Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered dissipation of marital assets? When an account is used while a divorce case is pending, this may be mistaken as dissipation. This was an issue in the case Walsh v. Walsh, 5D2024-1053 (Fla. 5th DCA December 19, 2025).
The former husband in this divorce case appealed multiple issues, one of which was the finding that he dissipated a martial account by the time of trial. The appellate court only found merit in this argument, noting “In general, in order to ‘include dissipated assets in an equitable distribution scheme, the court must make a ‘specific finding that the dissipation resulted from intentional misconduct.’’ Schroll v. Schroll, 227 So. 3d 232, 236 (Fla. 1st DCA 2017) (quoting Bateh v. Bateh, 98 So. 3d 750, 753 (Fla. 1st DCA 2012)).”
The court reversed on this issue, holding “Here, the trial court, in review of the affidavits, worksheets, and testimony, made a determination of an apparently depleted asset without making a finding of intentional misconduct; instead the trial court noted it suspected Former Husband may have likely been part of the cause. The trial court’s determinations here do not rise to the level of a ‘specific finding’ that the account had dissipated due to intentional misconduct. Thus, reversal as to this issue is warranted and a remand is necessary for the trial court to reconsider the value of the Fidelity retirement account for equitable distribution.”
This article is for information purposes only and is not legal advice. For legal advice that is specific to your case, schedule a meeting with a Miami family law attorney.