Articles Posted in Equitable Distribution

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checkbookIn many divorce cases, one of the key areas to resolve is equitable distribution. In some marriages, the couple may have a mixture of marital assets, non-marital assets, and maybe non-marital assets that were improved or acquired in part by using marital funds. Reaching a conclusion on equitable distribution can be very complex and is yet another example of where the experience of knowledgeable Florida divorce attorneys can help. One Tampa-area case involved just such a complication when the couple had used marital funds to pay the mortgage on a non-marital asset.

In this case, the wife, Bridgett, owned one-half of a duplex. That asset was the wife’s non-marital property. During the marriage, the couple paid $350 of marital funds toward the duplex’s mortgage from November 2004 until the wife’s half of the duplex was destroyed by fire in November 2006.

Sometime later, Bridgett and her husband, Ricky, divorced. During the divorce hearing, the husband sought credit for the duplex mortgage payments in calculating the couple’s equitable distribution. The trial judge agreed with the husband and gave him dollar-for-dollar credit for the full amount of the 24 mortgage payments made on the duplex during the marriage.

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cash in handIn divorce cases in which issues related to minor children do not play a role, the biggest issue facing many spouses is that of the division of assets. For many of those couples, the largest single asset with which they must deal is the marital home. Frequently, one spouse will receive the marital home, but that distribution will require the recipient spouse to make a cash payment (or payments) to the other spouse in order to achieve a truly equitable distribution. In a recent case involving a Palm Beach County couple, the Fourth District Court of Appeal ruled on what the law demands in terms of signing a deed on the house, the submission of an equalizing payment, and the timing of each.

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Bank statementIn a divorce case in which equitable distribution is an issue, there are many details that can substantially alter the result in your case. For example, the decision regarding which date to use for assessing the value of an asset can make thousands of dollars of difference, as was demonstrated in a recent First District Court of Appeal case. In that dispute, the First DCA ruled that a husband shouldn’t be punished in the equitable distribution process for depleting thousands of dollars of assets by paying for his living expenses and the expenses associated with the marital home.

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gavel and booksA pair of errors by a trial court allowed a husband to win his appeal before the Second District Court of Appeal recently. The lower court’s failure to include in its equitable distribution a loan taken out for the purpose of funding the couple’s child’s education was erroneous, as was basing the husband’s obligation on his gross, rather than net, income.

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CalendarWhen going through a divorce, some people desire to resolve the case as quickly as possible. Sometimes, though, it may be necessary, in order to obtain a truly fair and just outcome, to ask the court to put off ruling in your case. One recent case from southwestern Florida highlights a set of circumstances in which a wife needed additional time to obtain evidence about her husband’s business, and the denial of her continuance request created an injustice for her that required the Second District Court of Appeal to reverse the ruling.

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Desert HouseSometimes, the intervention of a divorce can create some serious wrinkles in the estate plans two spouses created while they were married. Other times, the couple’s estate plans can sometimes create wrinkles in an equitable distribution plan. In the case of one southwest Florida couple, that is exactly what happened. When they divorced, one of the pieces of property that the Collier County trial court distributed was a home in California. The Second District Court of Appeal threw out that distribution because, prior to the divorce, the couple had transferred the home into an irrevocable trust, so it was outside the reach of their divorce’s equitable distribution.

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painting wall When you are going through a divorce, especially one without a minor child of the marriage, one of the most important issues to resolve may be equitable distribution. While equitable distribution may be fairly straightforward in cases in which every asset is clearly marital or non-marital, many divorces and equitable distributions are more complex. In one recent case decided by the Fifth District Court of Appeal, the court was called upon to address a case in which the couple’s home was the wife’s non-marital property, but the property had appreciated in part due to improvements made using marital funds. In this case, the trial court’s decision to credit 50% of the marital portion of the appreciation to the husband was improper when the court also gave the home 100% to the wife.

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waterfront condoWhen you enter into divorce litigation, there are certain things you know at the outset. One of these is that the law presumes that your spouse and you should split all marital assets 50-50. This presumption is not ironclad, however, since fairness and the law dictate that a 50-50 split is not the proper outcome in all cases. In order to receive an uneven distribution in your case, the law requires your trial judge to make certain findings. In one recent case from the Tampa Bay area, the trial court’s failure to make the obligatory findings led the Second District Court of Appeal to throw out a distribution awarding the wife more than 50% of certain assets.

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wedding cakeA Florida man successfully appealed a trial court ruling that declared the couple’s home to be the wife’s separate property. The Fifth District Court of Appeal overturned the trial court’s ruling, based upon the wording contained in the couple’s prenuptial agreement. That agreement gave each spouse the right to give away, sell, or distribute via estate planning tools his or her separate property. By transferring the title of the couple’s home from her name alone to the husband’s name alone, the wife completed exactly such a valid gift, which made the property the husband’s alone.

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taxesIn Florida, equitable distributions are presumed, as a starting point, to be equal distributions between the spouses unless special circumstances exist that warrant an unequal distribution. One of those special circumstances is a spouse’s misconduct with marital funds. Even if a spouse is guilty of misdeeds with marital funds, there are limits to what a trial court can impose. The Fourth District Court of Appeal recently threw out an equitable distribution because the trial court’s decision would have essentially made a husband pay for the income tax consequences of withdrawing money from the wife’s individual retirement account not once but twice.

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