A motion for an interim division of property and assets must be sworn and should describe the assets to be partially distributed. The Court's Order should identify which assets are marital and which assets are nonmarital. In Austin v. Austin the Florida Court of Appeal recently stated: "Section 61.075(5), Florida Statutes (2011), does not authorize the trial court's action here, contrary to the wife's urging. This section provides in pertinent part as follows:
In effectuating a division of property and assets in a divorce proceeding in Florida, enterprise goodwill represents the tendency of customers to return to a business regardless of the reputation of a person who works at the business. Personal goodwill is attributable to the reputation and continued participation of an individual who works at the business. The Florida Court of Appeals recently addressed this issue in Schmidt v. Schmidt.