Miami family law attorney blog
Viewing entries tagged
Equitable Distribution Credits
Posted by Nydia Streets of Streets Law in Florida Divorce
What justifies unequal division of assets and debts in a Florida divorce? The person seeking an unequal division has a high burden to meet. When parties live separate financial lives throughout their marriage, this may point to the parties’ intent to keep assets and debts separate. This was an issue in the case Price-Lawrence v. Lawrence, 2D22-2605 (Fla. 2d DCA March 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce can be related to an alimony award. For example, a court might award marital property to one spouse in full as lump sum alimony. The court must also take into account what is awarded in equitable distribution before an alimony amount is awarded. This was an issue in the case Garcia v. Ruiz Moreno, 4D2023-0938 (Fla. 4th DCA February 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
The enhancement in value of non-marital property during a marriage may be a marital asset subject to equitable distribution in a Florida divorce. How do we determine if the increase in value of property is marital or non-marital? This was an issue in the case Strickland v. Strickland, 1D21-3894 (Fla. 1st DCA October 11, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
If non-marital property is sold during the marriage, and the proceeds are used to buy other property, does the newly-bought property become marital as well? The answer depends on if the funds were commingled with marital funds and/or the spouse to whom the property originally belonged gifted the property to the other spouse. This was an issue in the case Rivera v. Rivera, 3D22-1914 (Fla. 3d DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a former spouse fails to pay an equalizing payment ordered or agreed-upon as part of equitable distribution, interest may be added to the principal amount owed. Does this interest accrue from the date of the judgment or the date the payment is due? What is the percentage rate of the interest to be paid? These were issues in the case Robertson v. Robertson, 4D22-1769 (Fla. 4th DCA August 2, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida divorce order a trust to be dissolved in order to effectuate equitable distribution? Sometimes, spouses place assets in trust for estate planning purposes. But if a divorce happens, the assets in the trust may be marital assets subject to a claim from both spouses. This was an issue in the case Hyatt v. Zimmerman, 4D22-896 (Fla. 4th DCA July 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party disputes that an asset acquired during the marriage is marital or jointly-owned property, it is that party’s burden to prove the non-marital nature of the asset. Assets acquired during the marriage are otherwise presumed to be marital despite whose name is titled on the asset. This was an issue in the case Douglas v. Douglas, 4D22-1144 (Fla. 4th DCA June 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse’s separate property become marital or jointly-owned property during the marriage? Florida law recognizes a concept known as donative intent which means a spouse shows intent to gift separate property to the other spouse. This was an issue in the case Bernstein v. Bernstein, 4D21-2480 (Fla. 4th DCA April 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
If it is not possible to comply with the terms of a Florida final judgment of divorce, what can be done? For example, if an order requires a party to transfer assets which are subject to federal law, and the order contradicts how federal law requires a transfer to occur, what is a party to do to avoid contempt? This was an issue in the case Leger v. Leger, 4D22-1669 (Fla. 4th DCA April 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a partition in a Florida divorce? This is a request to divide interest in property jointly owned by the divorcing couple. Can a partition or forced sale be ordered prior to a final judgment of divorce being entered? This was an issue in the case Blew v. Blew, 4D22-2127 (Fla. 4th DCA March 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can equitable distribution and alimony overlap in a Florida divorce? This is possible, for example, when a court awards a party a greater share of marital assets as a form of lump sum alimony. This was an issue in the case Goodman v. Goodman, 6D23-248 (Fla. 6th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens to student loans taken out during the marriage for adult children of a divorcing couple? If the either or both parents co-signed for the loan during the marriage, this is most likely going to be considered a marital debt which is jointly owed by the parents. How does this affect the equitable distribution during the divorce when considering that the loan may also be eventually paid by the adult children? This was an issue in the case Dunkel v. Dunkel, 5D23-55 (Fla. 5th DCA February 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens to marital funds in a college savings account established for a child when there is a divorce? While it is not required that parents pay college tuition for a child in Florida, a college savings account can be awarded to one parent in equitable distribution as a trustee of funds for the child. This was an issue in the case Aronoff v. Aronoff, 4D21-3305 (Fla. 4th DCA February 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse be stopped from selling assets while a divorce case is pending? In most cases, yes. This is because there is an order in place in most Florida jurisdictions that mandates that parties must maintain the status quo. A spouse may be worried that assets are being disposed of, and there is relief that can be sought to prevent this. This was an issue in the case Lanigan v. Lanigan, 4D22-727 (Fla. 4th DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a house is sold in a Florida divorce case, is a party entitled to credits for payments made toward the house pending the sale? A party might be able to claim credits for expenses paid on the home if there is an agreement to that effect or the court determines the credits are equitable.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered intentional waste or dissipation of marital assets? Sometimes spouses do not agree on how money is spent. For example, one spouse may not approve of luxury purchases, and may argue that a spouse’s spending habits caused marital waste. Would this be enough for a Florida divorce court to award more than half of the marital assets to the disapproving spouse? The matter of intentional waste or dissipation was an issue in the case Hearn v. Hearn, 2D20-2522 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse in a Florida divorce lives outside of Florida, personal jurisdiction issues may arise. The spouse seeking a divorce in Florida may have issues getting relief from a Florida divorce court on any issue that requires personal jurisdiction (such as financial relief) if the other spouse has never lived in Florida or otherwise is not subject to jurisdiction in Florida. This was an issue in the case Fradera v. Fradera, 5D22-53 (Fla. 5th DCA November 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is interest awarded in a Florida divorce when the court divides assets between the parties? Pre-judgment interest refers to interest that may accrue before a final judgment is entered awarding property to a person. This was an issue in the case Iarussi v. Iarrusi, 1D21-0708 (Fla. 1st DCA October 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
What date is used to value marital assets in equitable distribution? The Florida statutes give a judge discretion in choosing the valuation date as “is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.” § 61.075(7), Fla. Stat. (2018). This was an issue in the case McGowan v. McGowan, 1D21-966 (Fla. 1st DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
When can a party ask to re-open the evidence so that additional witnesses and evidence can be submitted to the court after a hearing is over? This is essentially a request for a second chance to present evidence to the court that may have been missed. The circumstances under which this request will be granted were discussed in the case Allen v. Allen, 1D21-2652, (Fla. 1st DCA August 3, 2022).
