Posted by Nydia Streets of Streets Law in Florida Divorce
How is a spouse’s unused/accumulated leave pay treated in equitable distribution in a Florida divorce? This was an issue in the case Dove v. Freer, 4D2024-2686 (Fla. 4th DCA January 21, 2026).
A final judgment of divorce was entered which awarded alimony to the former wife and provided for equitable distribution. The former wife appealed, arguing the alimony was incorrect because it was based on the former husband’s erroneously calculated surplus in his financial affidavit. She further argued error in the equitable distribution because the court misclassified post-separation debt as separate and declined to distribute the former husband’s unused leave pay as a marital asset.
With regard to the alimony argument, the appellate court agreed and reversed. Turning to the debt, the appellate court noted the debt was incurred by the former wife after the parties separated but before a petition for divorce was filed which is the cutoff date for classification of marital versus non-marital debt. The court held “The circuit court erred in failing to include the Debt as a marital liability. Under section 61.075(7), Florida Statutes (2024), the date for determining the marital classification of liabilities ‘is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage.’ Here, Husband and Wife did not enter into a valid separation agreement, nor expressly establish another date by any agreement. Accordingly, the cut-off date for determining marital liabilities should have been the date of the Petition. See § 61.075(7), Fla. Stat. (2024). The Debt, which was incurred by Wife after the date of separation but before filing the Petition, should have been classified as a marital liability.”
Finally, the court reversed as to the leave pay, holding “Here, Husband’s Leave meets the definition of an asset under section 61.075. Pursuant to the collective bargaining agreement, Husband accrues leave during the course of his employment, and he will be paid for the value of that leave remaining at the time he leaves the employer. The monetary value of the leave can be calculated pursuant to the methodology set forth in the collective bargaining agreement. Accordingly, any sick leave, vacation leave, holiday time, and compensatory time accrued by Husband from the date of the marriage to the date of the filing of the Petition is a marital asset. [. . .] Thus, the circuit court erred in holding Husband’s Leave was not a marital asset subject to the equitable distribution scheme. We remand for the circuit court to include Husband’s Leave as a marital asset in the equitable distribution scheme.”
This article is not legal advice; for advice specific to your case, schedule a consultation with a Miami family law attorney.