Posted by Nydia Streets of Streets Law in Florida Divorce

Can a final judgment of divorce in Florida reserve jurisdiction on further equitable distribution on some future date? This was an issue in the case Saxon v. Saxon, 2D2023-0117 (Fla. 2d DCA August 7, 2024).

In this divorce case, the trial court entered a judgment which reserved ruling for five years on prospective debt owed to the former wife’s mother which might develop. The judgment also determined the former husband was entitled to half of the rental value of the marital home beginning October 1, 2021. The former husband appealed.

As to the prospective debt, the appellate court held “This retention was improper as there is no record evidence of any unquantified, unliquidated, or future debt owed by the parties. ‘[P]arties are entitled to a final distribution of their assets and liabilities at the time of dissolution.’ McAvoy v. McAvoy, 662 So. 2d 744, 745 (Fla. 5th DCA 1995) (reversing where ‘trial court reserved jurisdiction to determine the equitable distribution of any asset or liability which might develop’ after entry of the final judgment). Therefore, we reverse and remand this portion of the final judgment. On remand, the reservation of jurisdiction is to be removed from the final judgment.”

As to the date on which the former husband was entitled to a credit for rental income on the home, the court held “There is no evidence in the record to support this date as the start date for computation purposes. Rather, the date that should have triggered the computation of the rental period was the date that the parties' minor child reached the age of majority. See McCarthy v. McCarthy, 922 So. 2d 223, 225 (Fla. 3d DCA 2005); Berger v. Berger, 559 So. 2d 737, 739 (Fla. 5th DCA 1990). Accordingly, we reverse this portion of the final judgment. On remand, the beginning computation date shall be changed to the child's eighteenth birthday.”

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