Loading...

Thursday, December 15, 2011

Florida Case Law on Asset Distribution in Divorces



Welcome to the .......

Law Offices
of
Edward J. Chandler, P.A.

708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7


Florida Case Law on Asset Distribution in Divorces


Accrued benefits:  “A former spouse is not entitled to receive benefits that accrue after
the dissolution of the parties' marriage.” Rivero v. Rivero, 963 So. 2d 934, 937 (Fla. 3d DCA 2007). Section 61.075, Florida Statutes (2008), provides that in a proceeding for dissolution of marriage, the court shall
equally distribute the marital assets and liabilities between the parties. The statute defines “marital assets” as “assets acquired ... during the marriage, individually b y either spouse or jointly by them.” This
encompasses assets that have been enhanced or appreciated in value “resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other
forms of marital assets, or both.” § 61.075(6)(a)1.a.–b., Fla. Stat. (2008). See also Boyett v. Boyett, 683 So. 2d 1140, 1141 (Fla. 5th DCA 1996) (holding that it is not permissible for the former wife to benefit from the former husband's labor after the divorce); Brown v. Minning, 757 So. 2d 628, 630 (Fla. 5th DCA 2000) (holding that “current law provides that a spouse should not receive benefits accrued after dissolution of the
parties' marriage”). Section 61.075(7), Florida Statutes (2008), “provides that the date of
filing of the petition for dissolution is generally the latest date for identifying and classifying marital assets, but the court may value marital assets on a date that the court determines is just and equitable.” Leonardis v. Leonardis, 30 So. 3d 568, 571 (Fla. 4th DCA 2010) (citing § 61.075(6), Fla. Stat. (2006); Byers v. Byers, 910 So. 2d 336, 344 (Fla. 4th DCA 2005)).


Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Note: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. All information herein is subject to Florida Rules of Professional Conduct 4-7.2.

No comments:

Post a Comment