Thursday, December 15, 2011

Florida Case Law on Asset Distribution in Divorces

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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)).

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