Friday, May 16, 2008

Equitable Distribution Changes Loom…

On July 1, 2008, only a few short weeks away, the new version of Florida Statute §61.075 will take effect. Basically the changes allow for:

  1. Partial equitable distribution on an interim basis, prior to trial, if the Court finds good cause and sets aside the assets in question;
  2. Sworn motions asking for that partial early distribution;
  3. The Court's final equitable distribution taking into account the assets already distributed;
  4. A shiny new restatement of the statutory burden of proof in favor of assets acquired during the marriage being marital, and against the party claiming otherwise;
  5. Another shiny new restatement of the relevant statutory burdens on interspousal gifts…

    The absolute abolishment of special equity…in favor of more claims of unequal distribution. Seems like it would make it easier to get an unequal distribution than a special equity grant, but time will tell…


The full text of the bill to be a law can be found here. I guess the old Chinese curse holds true for us…we all live in interesting times.

Third DCA Sets a Limit on Rehabilitation

Rehabilitative alimony has long been allowed in Florida Courts, but without statutory guidelines, the best the case law really had to offer was that you had to have a plan for rehabilitation and that, most likely, there has to be some nexus between the need for rehabilitation and the alimony awarded. The Third District found error in an award of rehabilitative alimony this week where as the marriage was short-term, the Former Wife had skills but chose not to employ them, there were no kids, and there was no evidence of a need for rehabilitation as a result of the marriage or anything that occurred during the marriage. For more, see the full text of the opinion here.

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