A Brave New Frontier: The Equitable Distribution 2008 Legislative Changes

On July 1, 2008, Florida changed its law about how property and assets are divided when a marriage ends. They got rid of the special equity rule and made it easier for one person to prove they deserve more of the property. They also made it so that gifts between spouses are assumed to be equal, unless there is really good evidence to show otherwise. This new law has a big impact on divorce cases in Florida. The new law in Florida abolishes special equity claims and changes how property is divided in divorce cases. Special equity was a way for a spouse to get a share of property that was titled in the other spouse’s name. But the new law says that now, these claims have to be argued as unequal distribution or as enhancement of assets that weren’t part of the marriage. This change in the law gets rid of an old rule that didn’t make sense anymore, and it brings things more in line with how property is already divided in divorce cases. The new changes in the law make it harder to claim that certain property is not part of a marriage. If a property is titled by both spouses, it’s presumed to be a gift to both of them and is considered marital property, unless there is clear and convincing evidence to prove otherwise. The burden of proof is on the person trying to show that the property is separate. They also have to argue that any increase in value of the separate property belongs to them. In divorce cases in Florida, even if one spouse is given a gift of property, the other spouse can still argue for an unequal distribution of assets based on certain factors. This has been allowed in previous court cases where the marriage was short, one spouse had limited income, or one spouse contributed significantly to the marriage while the other did not. The law allows for unequal distribution of assets in these circumstances. Additionally, if one spouse used their own money to improve the other spouse’s property, they can ask for that money to be returned to them in the divorce settlement. In divorce cases, it’s important to specifically ask for a fair distribution of assets right from the start. The burden of proof to show that a gift presumption is not valid has been clarified to be clear and convincing evidence. In the past, different courts had different standards for this, but now there is more consistency. However, the exact amount of evidence needed is still not completely clear. Prior case law has focused on situations where one person claims that a transfer of property was only for estate reasons, while the other disagrees. Under the new law, both real and personal property titled jointly by a married couple is assumed to be marital property, unless one spouse can prove otherwise. This means that if one spouse wants to argue that the property is not marital, they have to prove it wasn’t a gift. This new law makes it harder to argue that property is not marital, especially for personal items like cars, bank accounts, and stocks. In the past, Florida law said that when a married couple owned real estate together, it was assumed that they meant to give it to each other. But this didn’t apply to personal property like bank accounts. A court and a law change argued that it should also apply to personal property, and the Florida Legislature agreed. So now, if a married couple owns something together, it’s assumed that they meant to give it to each other, whether it’s real estate or personal property. The law in Florida used to not allow for interim partial distribution of assets during divorce proceedings, but now it does in certain circumstances. This means that a court can order the partial distribution of assets before the final decision if there is a good reason for it, like if one of the parties is at risk of losing a valuable asset. However, this type of distribution should only happen in rare and urgent situations, and the court has to make sure that it won’t unfairly affect either party. If an interim distribution does happen, it will be taken into account when the final decision on asset division is made. In 2008, Florida changed its divorce laws to make things fairer. They got rid of special rules for certain situations and made it easier to divide property fairly. They also made it clearer how to prove if something is a gift and made the law consistent for personal property and family law. Overall, these changes help family lawyers solve problems in a better way. In Florida, when a married couple gets divorced, the assets they acquired during their marriage may be divided unequally based on special circumstances. The court can consider factors like one spouse contributing more to the marital home or helping the other spouse with their career. There is no requirement for an equal split of assets, and the court has the power to award special equity in the marital home. Any special circumstances that need to be considered must be specifically requested in court. Overall, the law allows for flexibility in how assets are divided after a divorce. This is an article from the Family Law Section of The Florida Bar. It talks about the qualifications and experience of two attorneys, Nicole L. Goetz and David L. Manz, who specialize in family law. They are both involved in committees and organizations related to family law, and have a lot of knowledge and experience in this area. They are dedicated to serving the public and improving the legal system.

Source: https://www.floridabar.org/the-florida-bar-journal/a-brave-new-frontier-the-equitable-distribution-2008-legislative-changes/