A final judgment providing for exclusive use and occupancy must state that it terminates upon the occupant’s remarriage. “The final judgment provided, inter alia, that “[t]he children and Wife shall be awarded exclusive use of the marital home for a minimum of 14 years, when the parties’ youngest child will begin college or otherwise be [...]

A homestead may be sold and the funds will be protected as long as they are held for the sole purpose of acquiring a new home.  “A protected homestead may be voluntarily sold, and the funds will be protected so long as they are not commingled and are held for the sole purpose of acquiring [...]

Division of Marital Property and Marital Assets – Installment Payments in Florida Although a trial court has discretion to order an equitable distribution award to be made in installments, the installments cannot be spread over too long of a period of time. “We recognize that under section 61.075(10), a trial court has discretion to order [...]

Once a party is ordered to make an equitable distribution of funds, even if the value of those funds is diminished by market conditions, the dollar amount that is required to be distributed will not be diminished. “Even if Former Wife’s half of the funds diminished due to market conditions, she was still required to [...]

A trial court can award a party interest on those sums that should have been distributed as part of an equitable distribution. “This court reviewed and affirmed the pre-Final Judgment valuation which required Former Wife to pay the equalizing amount of $193,479.50 to Former Husband, plus interest for the years she delayed disbursement…The trial court [...]

An agreement between the parties pertaining to equitable distribution of assets is binding upon the parties, without a court order, however, agreements between the parties relating to custody and child support are not binding without a court order. “Former Wife is incorrect that the portions of the 2007 mediation agreement pertaining to equitable distribution, debts, [...]

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 [...]

Payment to an employee to honor a covenant not to compete is not payment for past services, and should not be treated as a marital asset. “Third, in no reasonable way can the non-compete/non-solicit payments be described as “like retirement.” The husband correctly argues that payment to an employee to honor a covenant not to [...]

Division of Marital Property and Marital Assets – Marital Settlement Agreements in Florida. The burden of proof is on the party claiming that part of a marital asset has a nonmarital component. “The burden of proof was on the husband to establish the value of the nonmarital portion of the marital home, See Jahnke v. [...]

Division of Marital Property and Marital Assets –  Classification of Marital Assets in Florida 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 [...]