What is a Partial Distribution of Marital Property?

When spouses get divorced in Florida, part of the divorce process will involve the distribution of marital property. What this means is that all assets and debts that are considered to be property of the marriage (rather than the separate property of one of the spouses) will be divided between the parties. Florida is an “equitable distribution” state, but as the Florida Statutes clarify, Florida’s rule for equitable distribution is a bit different from other equitable distribution states. Under Florida law, there is a presumption that all marital property will be divided equally between the spouses “unless there is a justification for an unequal distribution based on all relevant factors.” Many other equitable distribution states, differently, begin with a presumption that property distribution must be equitable or fair given the parties’ circumstances, rather than equal.

As we noted, all marital property, which means both assets and debts, will need to be distributed between the parties. What, then, is a partial distribution of marital property? This is a term that may apply to a divorce case when there is a need to distribute some of the marital property before the divorce is finalized. Our Tampa divorce attorney can explain in more detail.

Interim Partial Distribution Can Occur When Good Cause Exists 

Under the Florida Statutes, in a divorce case, “if the court finds good cause that there should be an interim partial distribution during the pendency of a dissolution action” (that is, while a divorce is pending), “the court may enter an interim order that shall identify and value the marital and nonmarital assets and liability…and provide for a partial distribution of those marital assets and liabilities.”

An interim partial distribution order can be entered at any point after the divorce petition is filed and before the divorce is finalized. In order for a court to consider an interim partial distribution, the spouse seeking it will need to ask for it and will need to show that there is good cause for the court to issue this type of order.

Understanding “Good Cause” 

How does a court define “good cause”? In other words, what does a spouse need to prove in order for the court to agree to an interim distribution of marital property? The Florida Statutes list the following, which the court must consider in deciding whether there is good cause:

• Whether one of the spouses needs funds to prevent losing a house or to pay another imminent debt;
• Whether one of the spouses needs the funds for a dependent child, for whom the lack of the funds would be detrimental;
• Whether one or both of the spouses needs the funds for attorney fees or related divorce costs; and
• Any other factors that would justify an interim partial distribution.

Contact a Tampa Divorce Attorney Today 

If you are considering divorce in Florida, or you have plans to file for divorce and have questions about any aspects of the process including the distribution of marital property, an experienced Tampa divorce lawyer at The Law Office of Laura A. Olson, P.A. can help you. We regularly represent clients in divorce cases involving a wide range of marital assets and debts, as well as separate property that must be classified properly. To have your questions answered or to find out more about how we can assist you with your divorce in the Tampa Bay area, contact us today.

Source: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html