Florida Family Law Case Addresses The Uneven Split Of Marital Assets Due To Husband’s Affair

Florida is considered an equitable distribution state. That means that the marital estate (the assets you hold with your partner) can be divided unevenly. There is, however, a presumption that the marital estate should be divided equally. However, judges, for various reasons, can elect to favor one spouse when dividing the marital estate. The case of Rabbath v. Farid, 4 So. 3d 778 (Fla. 1st DCA 2009) is one such example of a case in which the marital estate was divided unevenly. In this article, the Tampa, FL, divorce lawyers at Faulkner Law Group, PLLC will discuss the case and how it played out.

Background of the case 

In this case, the parties divorced in Florida. During their divorce, the wife accused the husband of using marital assets to support an extramarital affair. At trial, the court divided the marital assets, but the wife argued she should receive an unequal distribution because her husband dissipated marital assets by supporting the affair.

In this case, the trial court ordered a roughly equal distribution of the marital estate and did not adjust the split to account for the husband’s expenditures on his extramarital affair. In other words, the court treated the marital funds spent on the affair as just part of the ordinary marital assets and did not offset that against the husband’s share. Hence, the wife appealed the decision, arguing that the husband’s dissipation of marital assets constituted a good reason to divide the marital estate in her favor.

The question then became: Should the wife get a larger share of the marital estate due to the husband’s extramarital affair?

The appeal 

The First District Court of Appeal held that marital misconduct can justify an unequal distribution of marital property, but only when it results in the dissipation of marital assets. In this case, the wife alleged that the husband spent a good amount of their money on funding the affair.

While Florida’s equitable distribution statute (§ 61.075, Fla. Stat.) generally requires a 50/50 split, there can be justification for deviating from this standard. One recognized justification is the intentional dissipation or misuse of marital assets during the breakdown of the marriage.

The appellate court held that since the husband spent marital funds on the affair, this constituted dissipation. Thus, the trial court should have considered an unequal distribution of the marital estate. The appeals court ruled that the marital misconduct warranted an uneven split of the marital estate. The case was thus remanded back to the trial court.

Talk to a Tampa, FL, Divorce Lawyer Today 

Faulkner Law Group, PLLC, represents the interests of Tampa residents during their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/fl-district-court-of-appeal/1347132.html