Division of Property and Assets in Palm Beach County, Florida

In a proceeding for dissolution of marriage, there are two types of assets and liabilities.  These are nonmarital assets and liabilities and marital assets and liabilities.

Nonmarital assets and liabilities include: (1) assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities; (2) assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets; (3) all income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; (4) assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and (5)  any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse.  In a proceeding for dissolution of marriage, the court will set apart to each spouse that spouse’s nonmarital assets and liabilities.

Marital assets and liabilities include: (1) assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them; (2) the enhancement in value and appreciation of nonmarital assets 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; (3) interspousal gifts during the marriage; (4) all vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs; (5) all real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset.  If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital; (6) all personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset.  In the event a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.  In distributing marital assets and liabilities between the parties, the court will begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including: (a) the contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker; (b) the economic circumstances of the parties; (c) the duration of the marriage; (d) any interruption of personal careers or educational opportunities of either party; (e) the contribution of one spouse to the personal career or educational opportunity of the other spouse; (f) the desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party; (g) the contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties; (h) the desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction.  In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home; (i) the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within two (2) years prior to the filing of the petition; (j) any other factors necessary to do equity and justice between the parties.

In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated above.  The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following: (a) clear identification of nonmarital assets and ownership interests; (b) identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset; (c) identification of the marital liabilities and designation of which spouse shall be responsible for each liability; (d) any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities.

The judgment distributing assets shall have the effect of a duly executed instrument of conveyance, transfer, release, or acquisition which is recorded in the county where the property is located when the judgment is recorded in the official records of the county in which the property is located.
If the court finds good cause that there should be an interim partial distribution during the pendency of a dissolution action, the court may enter an interim order that shall identify and value the marital and nonmarital assets and liabilities made the subject of the sworn motion, set apart those nonmarital assets and liabilities, and provide for a partial distribution of those marital assets and liabilities.  An interim order may be entered at any time after the date the dissolution of marriage is filed and served and before the final distribution of marital and nonmarital assets and marital and nonmarital liabilities.  Such an interim order shall be entered upon good cause shown and upon a sworn motion establishing a specific factual basis for the motion.  The motion may be filed by either party and shall demonstrate good cause why the matter should not be deferred until the final hearing.  The court shall specifically take into account and give appropriate credit for any partial distribution of marital assets or liabilities in its final allocation of marital assets or liabilities. Further, the court shall make specific findings in any interim order that any partial distribution will not cause inequity or prejudice to either party as to either party’s claims for support or attorney’s fees.

The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the following: (a) the date that the parties enter into a valid separation agreement, (b) such other date as may be expressly established by such agreement, or (c) the date of the filing of a petition for dissolution of marriage.  The date for determining value of assets and the amount of liabilities identified or classified as marital are the dates that the judge determines are just and equitable under the circumstances.  Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.