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Matthew Lane & Associates, P.A.
Palm Beach Gardens, Wellington, Boca Raton, West Palm Beach (561) 328-1111

Division of Property and Assets Archives

Division of Property and Assets in Jupiter, Florida

In awarding a division of property and assets, a divorce court cannot order a service member to designate a life insurance beneficiary. In Hirsch v. Hirsch the Florida Court of Appeal recently stated: "[T]he Former Husband, appeals a Final judgment dissolving his marriage to...the Former Wife...During trial, the Former Husband testified briefly that he maintains a group life insurance policy acquired through his military service in the Army Reserve. He testified that at the time of trial he had named as the policy's beneficiaries his children, his parents, and his fiancée. 

Wellington Florida Divorce - Division of Property and Assets

In making a division of property and assets in a divorce proceeding, there must be extraordinary circumstances to award an interim partial distribution. In Defanti v. Russell, the Florida Court of Appeal recently stated: "This is an appeal from the circuit court's order granting the former wife's amended sworn motion for summary judgment, which sought an interim partial distribution of marital assets in a dissolution of marriage case. The former husband's estate argues that the former wife was not entitled to the interim partial distribution because she did not show the statutorily-required good cause. We agree with the estate and reverse.

Division of Property and Assets in Palm Beach Gardens, Florida

In making a division of property and assets in a dissolution of marriage proceeding in Florida, for the trial court to award an unequal distribution of marital property and assets, the trial court must issue findings of fact on all ten statutory factors. In Watson v. Watson the Florida Court of Appeal recently stated: 

Division of Property And Assets in Wellington, Florida

In making a division of property and assets, the Court must make specific findings identifying, valuing and distributing the assets and liabilities of the parties. In Patino v. Patino the Fourth District Court of Appeal recently stated: "We again remind trial judges of the importance of making explicit findings as to all statutorily mandated factors for the determination of alimony in final judgments, as well as establishing a value (even if zero or de minimus) for all marital assets and liabilities when devising an equitable distribution scheme. 

Division of Property and Assets Wellington, Florida

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: 

Division of Property and Assets, West Palm Beach, Florida

In a matter involving the division of property and assets, an order adjudicating issues not presented by the pleadings, noticed to the parties, or litigated below denies fundamental due process. In Austin v. Austin, the Florida Court of Appeal recently stated: "In this dissolution of marriage proceeding, we have for review the trial court's interlocutory Order on Wife's Emergency Motion, directing the liquidation of certain of the husband's assets and the disbursement of the resulting funds to assist in paying an estimated $28,000 mortgage debt, and the escrowing of other funds. 

Divorce 401(k) Retirement Accounts Wellington, FL

In making a division of property and assets in a divorce proceeding in Florida, the award of a ½ ownership interest in property as of a particular date entitles the recipient to share in the gains and losses in the account on the date of distribution. In Graham v. Graham the Florida Court of Appeal stated that: "JoAnn Graham appeals an order granting post-judgment relief on grounds it fails to effectuate the marital settlement agreement she and Nathaniel Graham entered into in September of 1994 in anticipation of the dissolution of their marriage later that year. She maintains the trial court erred both in calculating her share of the former husband's 401 (k) account and in calculating her share of his Army pension. Persuaded she is right in both instances, we reverse and remand. 

Division of Property and Assets Treasure Coast, FL

In awarding a division of property and assets in a Florida divorce proceeding, 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. The party claiming otherwise has the burden to prove the property is a nonmarital asset.

Division of Property and Assets Wellington, Florida

For the division of property and assets in a divorce proceeding, gross receipts are an insufficient basis for the valuation of a corporation. In a recent case styled Mansour v. Mansour, the Florida Court of Appeals stated that: "At the hearing on the contempt motion, all agreed that Mr. Mansour did not receive proper notice. Nevertheless, the trial court proceeded and found Mr. Mansour in indirect civil contempt. It also set a purge amount without imposing a coercive sanction that the purge would remove. The trial court ordered Mr. Mansour to pay $25,000 within four weeks. It made no finding as to notice, either orally or in the written order, as rule 12.615(c) requires. 

Division of Property and Assets Palm Beach Gardens

In the division of property and assets in a divorce proceeding; when marital misconduct results in the dissipation of marital assets, the court can award an unequal distribution of marital assets or may assign the depleted portion of an asset to the dissipating spouse.  In Lopez v. Lopez, the Florida Court of Appeal stated that:  "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.

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

Toll Free: (800) 411-3434
Phone: (561) 328-1111
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Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Toll Free: (800) 411-3434
Phone: (561) 328-1111
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West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Toll Free: (800) 411-3434
Phone: (561) 328-1111
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Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Toll Free: (800) 411-3434
Phone: (561) 328-1111
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