Wednesday, March 28, 2012

Second District Reverses Equitable Distribution

In Kumar v. Kumar, the Second District released an opinion today which reversed the equitable distribution schedule for several errors.  First, the lower tribunal had wrongly considered the Former Wife’s jewelry to be non-marital.  Second, the lower court erroneously valued a certificate of deposit awarded to the Husband as of the date of filing, a value $40,000.00 lower than the value as of the date of trial.  And, third, the court failed to distribute the contents of the former marital home.  While the Former Wife agreed to the court’s choice, instead, to order mediation of those items, the Former Husband did not, and, as the Second District quoted, the “parties are entitled to a final distribution…at time of dissolution.”  Kumar v. Kumar,  2D10-5546 (Fla. 2d DCA 2012), citing  Collinsworth v. Collinsworth, 624 So.2d 287, 290 (Fla. 1st DCA 1993). 

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