Miami family law attorney blog
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Florida Equitable Distribution
Posted by Nydia Streets of Streets Law in Florida Divorce
When alimony and equitable distribution are considered in a Florida divorce, there are certain statutory findings that may be required in the final judgment. This was an issue in the case Estrada v. Garcia, 3D25-0101 (Fla. 3d DCA February 18, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse pays the mortgage on the marital home after separation, does that spouse receive credit for the mortgage payments? This was an issue in the case Haxel v. Haxel, 5D2024-0846 (Fla. 5th DCA January 16, 2026).
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).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is bonus income included in a party’s income for purposes of calculating alimony and/or child support in Florida? The answer depends on if the bonus is regular and continuous. This was an issue in the case Morgan v. Morgan, 2D2024-2115 (Fla. 2d DCA January 7, 2026).
Posted by Nydia Streets of Streets Law in Florida Divorce
The sale of a marital residence after divorce may stir up disputes between former spouses as to the sale proceeds if not properly addressed in a final judgment or marital settlement agreement. For example, when a spouse feels he or she should receive credit for certain expenses paid on the home after the divorce, but prior to the sale, this may cause dispute between the parties. This was an issue in the case Lantz v. Gibson, 1D2024-2148 (Fla. 1st DCA December 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a pet considered property in a Florida divorce? In short, yes, and the court will award the pet in accordance with the factors listed in Florida Statute Chp. 61.075 which also apply to other property such as vehicles, real estate, etc. What if the pet is an emotional support animal - how does this affect the court’s decision on who gets the pet? This was an issue in the case Kraushaar v. Kraushaar, 3D25-1706 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse pays expenses for the other spouse while a divorce is pending such as mortgage, utilities and other living expenses, that spouse should receive credit for those payments toward retroactive support ordered. This was an issue in the case Warner v. Warner, 5D2024-1274 (Fla. 5th DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to split the net proceeds from the sale of the marital home in a Florida divorce, what is defined as the net proceeds? Many times, the marital settlement agreement will define what the net proceeds are. Even still, many do not include information concerning escrow refund amounts disbursed months after the sale is complete. This was an issue in the case Flaim v. Flaim, 4D2024-2314 (Fla. 4th DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are special circumstances that support requiring a spouse to obtain life insurance to secure an alimony obligation? In order for a court to require life insurance in this instance, there must be findings as to availability and cost of insurance, ability to pay, and special circumstances that warrant coverage. This was one issue in the case Zagari v. Zagari, 1D2023-1843 (Fla. 1st DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Even when a default is entered against a party in a Florida divorce case or a pleading is stricken, a trial court is still required to make findings regarding equitable distribution pursuant to Fla. Stat. Chp. 61.075. This was an issue in the case Jones v. Jones, 5D2024-2342 (Fla. 5th DCA May 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce case must comply with Florida Statute Chp. 61.075. Can a party be “punished” in equitable distribution for making what the court determines are unsupported litigation claims? This was an issue in the case Pitamber v. Shivbaran, 3D24-0198 (Fla. 3d DCA May 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida Statute 61.075 requires that the court make findings related to equitable distribution in a Florida divorce. Without these findings, a Florida divorce judgment may be subject to appeal. This was an issue in the case Salazar v. Franco, 3D24-1051 (Fla. 3rd DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is contempt an available remedy for failure to pay an equitable distribution judgment in a Florida divorce? Generally, support awards (alimony, child support) can be enforced by contempt, but equitable distribution awards are excluded. This was an issue in the case Said v. Said, 2D2024-1449 (Fla. 2d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Are parties entitled to credits for mortgage payments on a marital home during separation? Florida Statutes do provide a way to claim credits in certain circumstances. This was an issue in the case Frazier v. Dodd, 5D2022-2478 (Fla. 5th DCA March 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What date does a Florida family court use to value assets in a divorce? Since divorce cases can span years, the value of an asset at the time of filing for divorce may be different from the value at the time of the trial. According to the Florida Statutes, “The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines 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.” Fla. Stat. 61.075(7).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a text message between spouses establish the value of an asset for purposes of equitable distribution in a Florida divorce? Depending on the context of the message, it may. But settlement negotiations are not admissible in court proceedings, generally. This was an issue in the case Nunes v. Krup, 4D2024-0874 (Fla. 4th DCA February 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court decides there should be an unequal distribution of marital assets and debts in a Florida divorce, what factors go into making this decision? Florida Statute 61.075 lists factors a court must consider, which include the length of the marriage and the contribution of each spouse to the property in question. This was an issue in the case Reed v. Reed, 4D2023-2584 (Fla. 4th DCA February 19, 2025).
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).
