Posted by Nydia Streets of Streets Law in Florida Divorce
How are family photos and videos handled in a Florida divorce? When one party controls these items, it can be difficult for the other party to obtain them. This was an issue in the case Carter v. Carter, 4D2025-1183 (Fla. 4th DCA April 29, 2026).
In this divorce case, the former husband was previously ordered to share family photos and videos from his hard drive with the former wife. The final judgment did not mention the photos and videos in the equitable distribution. The trial court also denied the former wife’s request for retroactive child support. She appealed.
As to the retroactive support, the appellate court noted “In denying retroactive child support here, the circuit court found no evidence was presented regarding the child’s need and the parties’ ability to pay. This was incorrect. Wife presented competent substantial evidence on the minor child’s needs and Husband’s ability to pay. Specifically, a forensic accountant testified on the need for retroactive child support and calculated an award amount based on Husband’s ability to pay. This evidence was uncontroverted. Additionally, Husband conceded he had not been paying regular child support during the separation period, during most of which the minor child had resided solely with Wife. [. . . } Thus, the circuit court erred in failing to award retroactive child support to Wife. [internal citation omitted]. We reverse and remand for the circuit court to determine the retroactive child support amount to be awarded to Wife.”
Turning to the photos and videos, the appellate court noted “‘Marital assets are assets acquired during the marriage, created or produced by the work efforts, services or earnings of one or both spouses. They are the fruit of the couple’s activities, working, living, and supporting one another as a team.’ Wright v. Wright, 505 So. 2d 699, 700 (Fla. 5th DCA 1987) (citation omitted).'“ The court concluded '“The family photographs and videos from the parties’ marriage and contained on Husband’s hard drives should be deemed marital assets, as the keepsakes were beneficially acquired by both parties during the marriage. [internal citation omitted]. Those family mementos are clearly ‘the fruit of the couple’s activities’ depicting their married life and memories with their child. See Wright, 505 So. 2d at 700. Therefore, Wife is entitled to an equitable distribution of these marital assets.”
This article is not legal advice. Schedule a meeting with a Miami family law attorney to determine how the law may apply to your case.