Friday, December 30, 2011

Post dissolution - Ex-spouse's entitlement to benefits.

Post dissolution - Ex-spouse's entitlement to benefits.

“A former spouse is not entitled to receive benefits that accrue after
the dissolution of the parties' marriage.” Rivero v. Rivero, 963 So. 2d
934, 937 (Fla. 3d DCA 2007). Section 61.075, Florida Statutes (2008),
provides that in a proceeding for dissolution of marriage, the court shall
equally distribute the marital assets and liabilities between the parties.

The statute defines “marital assets” as “assets acquired ... during the
marriage, individually by either spouse or jointly by them.” This
encompasses assets that have been enhanced or appreciated in value
“resulting either from the efforts of either party during the marriage or
from the contribution to or expenditure thereon of marital funds or other
forms of marital assets, or both.” § 61.075(6)(a)1.a.–b., Fla. Stat. (2008).
See also Boyett v. Boyett, 683 So. 2d 1140, 1141 (Fla. 5th DCA 1996)
(holding that it is not permissible for the former wife to benefit from the
former husband's labor after the divorce); Brown v. Minning, 757 So. 2d
628, 630 (Fla. 5th DCA 2000) (holding that “current law provides that a
spouse should not receive benefits accrued after dissolution of the
parties' marriage”).

Section 61.075(7), Florida Statutes (2008), “provides that the date of
filing of the petition for dissolution is generally the latest date for
identifying and classifying marital assets, but the court may value
marital assets on a date that the court determines is just and equitable.”
Leonardis v. Leonardis, 30 So. 3d 568, 571 (Fla. 4th DCA 2010) (citing §
61.075(6), Fla. Stat. (2006); Byers v. Byers, 910 So. 2d 336, 344 (Fla. 4th
DCA 2005)).

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