Posted by Nydia Streets of Streets Law in Florida Divorce

Under what circumstances would a spouse be held responsible for the alleged dissipation of marital assets in a Florida divorce? Intentional waste, dissipation or destruction of marital property may be considered in determining equitable distribution. There must be evidence that the spouse intentionally wasted marital assets and spent them for a non-marital purpose. This was an issue in the case Niederkohr v. Kuselias, 5D19-3231 (Fla. 5th DCA August 14, 2020).

As part of the parties’ divorce case, evidence was presented that the former wife spent settlement funds the former husband acquired from a previous employer on plastic surgery, a dermatologist; the mortgage on the marital home; utilities; homeowners’ association fees; car insurance; and the parties’ health insurance. The trial court determined the former wife had dissipated the the funds and attributed the full amount she spent in the equitable distribution scheme. This resulted in the former wife being ordered to make an equalizing payment to the former husband. The former wife appealed.

The appellate court agreed there had been dissipation but only related to the plastic surgery and the dermatologist. The court held “We find that the trial court properly determined that Former Wife had intentionally dissipated the settlement funds and attributed those amounts to her, with the exception of the funds she spent on the mortgage, utilities, HOA fees, car insurance, and health insurance (collectively, “marital expenses”). Those expenditures not only benefitted both her and Former Husband, but were also related to the marriage.”

Making sure you receive the proper credits in equitable distribution starts with understanding the law. Consult with a Miami divorce lawyer to discuss your case.