Posted by Nydia Streets of Streets Law in Florida Divorce
What is commingling in a Florida divorce? This means non-marital funds were mixed with marital funds. In this case, a party might argue all of the funds are marital. But this argument can be rebutted. This was an issue in the case Winegar v. Winegar, 4D2024-2076 (Fla. 4th DCA April 29, 2026).
A final judgment of divorce was entered which both the former husband and the former wife complained did not contain required findings on issues such as attorney’s fees, equitable distribution and support. Additionally, the former husband appealed the characterization of his non-marital bank account which was alleged to be commingled.
The appellate court outlined the lack of findings in the final judgment and remanded for the trial court to make appropriate findings. It then turned to the issue of the non-marital account. The record showed the former husband owned a non-marital brokerage account before marriage. During the marriage, he used the brokerage account as collateral on a loan. He then paid off the loan by transferring money from a marital account into the brokerage account which was then transferred to the loan balance. The amount transferred matched the amount of the loan balance, save $94. The former wife argued the brokerage account became marital because of the commingling, and the trial court agreed.
The appellate court reversed on this issue, holding “[M]erely pledging the account as collateral does not convert the account to marital property.” The court continued “Here, the record reflects a Wells Fargo account statement showing the margin loan balance to be $39,480.24 on November 30, 2019, and $0 by December 31, 2019. The Wells Fargo account statement also details an electronic funds transfer, reflecting that on December 16, 2019, a direct transfer of $39,574.06 was made from the parties’ joint Bank of America checking account. The record also includes a Bank of America statement confirming an electronic transfer of $39,574.06 was made from the parties’ joint Bank of America checking account in December 2019. This was supported by testimony from Wife’s expert. This reflects that no commingling occurred, because the monies paid into the Wells Fargo account matched the marital debt owed, nearly down to the dollar, and remained traceable to payment of that debt. [. . .] Perhaps commingling occurred to the extent that the amounts do not match perfectly, about $94, but that would only convert that commingled portion into a marital character, as the remaining bulk of funds remained traceable.”
This article is not legal advice. Schedule a consultation with a Miami family law attorney to determine the next best steps in your case.