Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse moves out of the marital home before a petition for divorce is filed in Florida, does that spouse abandon his or her interest in the home? The short answer is no, but depending on how much time passes between the time the spouse moved out and the date a divorce petition is filed, plus that spouse’s contributions to the home after moving out, the other spouse may be entitled to more equity in the home than the spouse who moved out. This was an issue in the case Silva v. Claffey ,4D2024-0269 (Fla. 4th DCA February 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a Florida marital settlement agreement obligates a spouse to hold funds in trust for the parties’ child, does the child have a right to enforce the agreement? This was an issue in the case Clark v. Clark, 3D24-0046 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A home that is owned by one spouse prior to marriage is that spouse’s separate, non-marital property. But if a mortgage was paid on the home during the marriage with marital funds, the non-owning spouse is likely owed a credit in equitable distribution for the payment of those funds. This was an issue in the case Kerrigan v. Page, 2D2023-2186 (Fla. 2d DCA December 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
How is a pension divided in a Florida divorce? It may seem difficult to divide a pension when a spouse is not yet retired, and therefore the amount to which the spouse is entitled is not yet known. However there are generally two methods in Florida for distributing a future pension benefit in a Florida divorce: “The first is to order an ‘immediate offset,’ in which the court distributes the portion of the pension's present value that was earned during the marriage. [internal citation omitted]. This marital interest is calculated by multiplying the present value of the pension by a ‘coverture fraction’ in which the denominator is the total time the employee has participated in the retirement plan and the numerator is the time the employee has been married during that participation. Id. [. . .] The other, simpler option is a ‘deferred distribution.’ Under this approach, the court must have evidence of the amount of the employee's benefit assuming ‘he retired on the date of the final hearing without any early retirement penalty.’ Id. ‘The court then multiplies this dollar amount by the percentage to which the other spouse is entitled.’ Id. This results in a fixed dollar amount that is to be deducted and paid to the other spouse each time the pension holder receives a pension benefit.” Pension valuation and distribution was discussed in the case Cancel v. Cancel, 2D2023-0471 (Fla. 2d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Debts acquired during a marriage are presumed to be marital debts. The spouse claiming otherwise has the burden to show that the debt is actually non-marital and/or that the other spouse should be solely responsible for the debt. The court must make findings concerning the debt and why it is the sole responsibility of one spouse. This was an issue in the case Lapomarede v. Pierre, 4D2024-0037 (Fla. 4th DCA November 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Having a court reporter present at a trial in your Florida divorce case may be important to your right to appeal. Many appellate cases have been dismissed or not substantively considered due to a lack of a transcript. As stated in Rojas v. Otero, 3D23-1113 (Fla. 3d DCA November 13, 2024): “Consequently, where, as here, there is no transcript from the bench trial below, we are precluded from reviewing factual issues. [. . .] However, even without a trial transcript, reversal is appropriate ‘where an error of law is apparent on the face of the judgment.’”
Posted by Nydia Streets of Streets Law in Florida Divorce
In a Florida divorce case, there can be multiple issues regarding equitable distribution, including the chosen valuation date, dissipation and more. These were issues in the case Knott v. Knott, 6D2023-2519 (Fla. 6th DCA September 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida’s constitution protects a homestead in that most creditors are not permitted to levy upon the homestead if a debt is owed. How does this homestead protection affect division of a marital home in a Florida divorce case? This was an issue in the case Toussaint v. Toussaint, 3D23-0812 (Fla. 3d DCA August 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a spouse remove funds from a joint bank account once spouses separate? This is a common issue where one spouse is afraid the other spouse will empty an account and leave nothing in the account. This was an issue in the case Molina v. Molina, 4D2023-2629 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A marital settlement agreement in Florida will be enforced as written - a court is not free to rewrite the terms of a contract. This is why the wording used in contracts is important. This was an issue in the case Hurley v. Veon, 5D2021-2409 (Fla. 5th DCA June 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In valuing a spouse’s goodwill in a business entity, there are multiple ways to approach the issue. Sometimes, future compensation is a consideration when a corporate interest is sold. This was an issue in the case Conde-Berrocal v. Conde, 5D2023-0449 (Fla. 5th DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida the personal goodwill of a spouse who runs a business is a non-marital asset which is not subject to equitable distribution. What about the collective personal good will of a multi-owned business? Would the goodwill of other members be considered in determining the value of the business that is to be awarded to a spouse in a divorce? This was an issue in the case Rosenberg v. Rosenberg, 5D2023-1079 (Fla. 5th DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If the value of the marital home increases after a final judgment of divorce is entered, can the equitable distribution be reconsidered to grant either party more equity in the home? This was an issue in the case Griffin v. Griffin, 1D2022-3095 (Fla. 1st DCA July 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens if there is a mistake in your Florida final judgment of divorce? It depends on if the mistake is mutual, meaning both parties agree and understand there was a mistake in the judgment. This was an issue in the case Ware v. Ware, 5D2023-0282 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida, assets acquired prior to marriage are considered non-marital assets. This means the assets are owned solely by one spouse rather than jointly by both. Unless the parties agree otherwise, it is usually an appealable issue if a court awards a non-marital asset to both spouses in a Florida divorce. This was an issue in the case Smoot v. Smoot, 1D2023-0698 (Fla. 1st DCA June 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida equitable distribution rules require the court to make certain findings. Without those findings, a Florida final judgment of divorce may be reversible on appeal. This was an issue in the case Hinojosa v. Hinojosa, 2D2023-0155 (Fla. 2d DCA May 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse forges the other spouse’s signature on a tax return, can the spouse whose signature is forged avoid liability for back taxes owed on the forged return? This was an issue in the case Deasy v. Deasy, 4D2023-0317 (Fla. 4th DCA May 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida divorce case is pending, one spouse might remain in the jointly-owned marital home while the other spouse lives elsewhere. How does the court decide who is responsible for the mortgage or how a spouse is compensated for being excluded from occupying the residence? This is an issue briefly discussed in the case Charbonneau v. Charbonneau, 3D22-1507 (Fla. 3d DCA May 1, 2024).
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
If one spouse wants to keep the marital home but the other wants to sell it, what happens in a Florida divorce? If there are minor children involved and one spouse will maintain majority time-sharing with the children, this is a factor the court may consider in awarding exclusive use and possession of the home. This was an issue in the case Lowry v. Lowry, 5D22-2707 (Fla. 5th DCA March 1, 2024).
