Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

Division Of Property And Assets In Palm Beach County, Florida

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 during the dissolution proceedings.' Roth v. Roth, 973 So. 2d 580, 584 (Fla. 2d DCA 2008). '[A]n exception to this general proposition exists when misconduct during the dissolution proceedings results in the dissipation of a marital asset.' Id. at 584-85. Misconduct exists when one spouse has used the marital funds for his or her own benefit and for a purpose unrelated to the marriage. Id. at 585. In order to include a dissipated asset in the distribution scheme, 'there must be evidence of the spending spouse's intentional dissipation or destruction of the asset[ ] and the trial court must make a specific finding that the dissipation resulted from intentional misconduct.'" Id. Tummings v. Francois Division of Marital Property and Marital Assets - Marital

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Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Phone: 561-328-1095
Fax: (561) 472-1568
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Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Phone: 561-328-1095
Fax: (561) 472-1568
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