In a Florida divorce, the spouses may distribute their property after the divorce is finalized. However, the law can be flexible with how to handle specific issues, and some parties may be able to split their marital property earlier.
For example, one or both parties could ask for partial distribution of property while the case is still in progress. This is done on an interim basis while meeting certain requirements. Those who believe they need to have a partial distribution of property before the divorce is finalized, it is important to know how to proceed.
When can interim property distribution take place?
Either side can ask for property distribution while the dissolution is in progress. The court, in turn, can enter an order to do so. It must identify the property, appraise it for its value and determine whether it is marital or non-marital property. It can also look at the liabilities the couple shares. This order can be made at any time before the divorce is completed.
When people request that this be done, the court needs to have good cause to approve it. There must be a sworn motion that establishes a factual basis that it is necessary. Either side can file it to show why the distribution should not wait until after the end of the case. The circumstances must be deemed “extraordinary” to approve early distribution on an interim basis.
If it is approved, the court will account for what was distributed and give credit for it as it allocates how property will be split. The court will not make distributions if it will lead to an unequal outcome or is viewed as unfair when it decides on support or legal costs.
Achieving a fair property split can be complicated
In general, property division is either settled through negotiation or the court decides on it. For people who need to have some form of property distribution prior to the divorce being finalized, this too can be achieved if they understand the law. For these and other issues related to family law, it is important to be aware of what can be done and to have guidance in trying to reach the objective.