Miami family law attorney blog
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Florida Equitable Distribution
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).
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).
