Posted by Nydia Streets of Streets Law in Florida Divorce
What is a status quo order in a Florida divorce? Many jurisdictions in Florida have this administrative order in place which automatically applies to most family law cases once filed. The status quo order usually contains provisions that require parties to continue to pay common household expenses such as utilities, health insurance premiums, etc. This is so that a spouse who does not pay these bills does not have to worry that these services will be in jeopardy once a divorce case is filed. A status quo order was the subject of the case Lykkebak v. Lykkebak, 5D20-1927 (Fla. 5th DCA June 18, 2021).
Shortly after the husband filed a petition for divorce, the wife filed a motion for contempt against him alleging he violated the status quo order by not continuing to pay certain expenses he had paid during the marriage. The trial court held a hearing on the motion and clarified it was only considering the motion for contempt and the allegations contained in it. The husband testified he was unable to pay the expenses because the wife removed over $80,000 from a business account, and therefore he was unable to pay bills. The husband also admitted to transferring $140,000 from joint accounts into an account in his own name before filing for divorce.
The trial court denied the wife’s motion for contempt, but pointed out another part of the status quo order not mentioned in the wife’s motion which dealt with dissipation or concealment of marital assets. The court therefore ordered the parties to return the monies to joint accounts and for the husband to pay the expenses he historically paid. The wife filed a motion for reconsideration, arguing it was error for the trial court to order this since her motion did not ask for the court to address any other part of the status quo order, and because the husband did not request this relief by motion either.
Before the court ruled on the wife’s motion for reconsideration, the wife filed her notice of appeal. While the appeal was pending the trial court reversed the portion of the order requiring the parties to return the money to a joint account. The appellate court found this was error because the trial court had no jurisdiction to reverse its order while the appeal of that order was pending. As to the merits of the wife’s appeal, the court held “The trial court erred when it directed the parties to return marital assets to joint accounts, despite that relief not being requested nor tried by consent. See, e.g., Doddapaneni v. Doddapaneni, 46 Fla. L. Weekly D1054 (Fla. 5th DCA May 7, 2021) (holding trial court improperly granted relief not requested by Wife when it ordered Husband’s individual bank accounts to be placed in both parties’ names but the sole issue before the court was Wife’s request for an order freezing Husband’s accounts).”
If you need help understanding if and how a status quo order applies to your Florida family law case, schedule a consultation with a Miami family law attorney.