Classification of marital versus non-marital assets in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

Property acquired by either spouse before a marriage or after a petition for divorce has been filed is presumed to be that spouse’s non-marital property. This is because it falls outside of the definition of marital property which is defined as that acquired during the marriage. The same goes for liabilities. We see this in the case Jackson v. Blazer, 2D17-4686 (Fla. 2d DCA June 3, 2020).

The former husband appealed a final judgment of dissolution of marriage concerning three vehicles which the trial court classified as marital - a Chevrolet truck and an Infiniti car held by the former husband and a Nissan Altima held by the former wife. The debt associated with the Nissan was determined to be a marital liability as well. However, evidence presented at trial indicated the truck was purchased by the former husband prior to the parties’ marriage, while the Infiniti was purchased after the petition for divorce was filed. The former wife’s Nissan was also purchased by her after the petition was filed. Nonetheless, the trial court distributed all of these assets and the debt as marital. The former husband appealed.

The appellate court agreed with the former husband and reversed these classifications. The court held “There was no other evidence bearing on how the vehicles and the loan should be classified. As such, all three vehicles and the liability corresponding to the Nissan should have been classified as nonmarital. [. . .] Accordingly, we reverse the final judgment of dissolution and remand for the trial court to recalculate the equitable distribution in the final judgment in light of the correct classification of the vehicles and loan. To the extent that recalculation affects any other aspect of the final judgment, the trial court is free to reconsider that aspect of the judgment.”

Getting Florida equitable distribution right may start with an in-depth analysis of your case. Schedule a consultation with a Miami divorce lawyer to understand how the law may apply to your case.