It is error to include assets in an equitable distribution scheme that have been diminished or dissipated during the dissolution proceeding, unless they were diminished as a result of misconduct during the dissolution proceeding. “‘As a general proposition, it is error to include assets in an equitable distribution scheme that have been diminished or dissipated [...]

Assets and liabilities not in existence on the date of filing, the date of separation, or the date of entry into a separation agreement should not be classified as marital assets. “Relevant to the facts of this case, ‘[t]he cut-off date for determining assets and liabilities to be identified or classified as marital assets and [...]

In Kaaa v. Kaaa the Florida Supreme Court held that passive appreciation of a nonmarital home that accrues during the course of a marriage is considered a marital asset if marital funds are used to pay the mortgage or improve the home. The Florida Supreme Court stated that: “[P]assive appreciation of the marital home that [...]