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FL H0639
Bill
Status
3/22/2018
Primary Sponsor
Daniel Perez
Click for details
AI Summary
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Expands the definition of "marital assets and liabilities" in Florida divorce law to include principal paydown of notes and mortgages secured by nonmarital real property paid from marital funds during the marriage.
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Establishes a formula for determining the marital portion of passive appreciation in nonmarital property using a coverture fraction (total principal payments from marital funds divided by property value at specified date), multiplied by passive appreciation during marriage.
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Passive appreciation is calculated by subtracting the property's value at marriage or acquisition date from its value at dissolution, less any active appreciation and additional encumbrances beyond the first mortgage.
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Allows courts to deviate from the formula if a party demonstrates circumstances that would make application inequitable based on the facts presented.
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Authorizes courts to require security and reasonable interest when ordering installment payments for asset division, and allows courts to use monetary payments in lieu of or to supplement equitable division of assets.
Legislative Description
Equitable Distribution of Marital Assets and Liabilities
Last Action
Chapter No. 2018-56
3/22/2018