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FL S0534

Bill

Status

Introduced

11/20/2023

Primary Sponsor

Erin Grall

Click for details

Origin

Senate

2024 Regular Session

AI Summary

  • Revises the definition of "good cause" for interim partial distribution of marital assets during a pending dissolution action, changing the standard from circumstances that "require" to those that "justify" an interim distribution, and enumerates specific factors courts must consider, including risk of asset loss through foreclosure/repossession, dependent child expenses, and access to funds for attorney fees and court costs

  • Prohibits interspousal gifts of real property unless made through a writing that complies with Florida's deed requirements (s. 689.01), and clarifies that a spouse's joinder on a deed solely to convey homestead property to a third party does not convert that property or its sale proceeds into marital property

  • Establishes that marital interests in a closely held business are marital assets and requires courts to value them at fair market value, defined as the price between a willing buyer and seller with neither under compulsion and both having reasonable knowledge of relevant facts

  • Distinguishes enterprise goodwill—goodwill separate from the owner spouse's continued presence and reputation—as a marital asset subject to valuation, while requiring courts to consider but not be precluded by evidence of covenants not to compete

  • Adds real property acquired separately by either party through noninterspousal gift, bequest, devise, or descent to the definition of nonmarital assets, provided legal title has not been transferred to both parties as tenants by the entireties

Legislative Description

Equitable Distribution of Marital Assets and Liabilities

Last Action

Laid on Table, refer to HB 521

2/28/2024

Committee Referrals

Rules1/24/2024
Children, Families, and Elder Affairs1/16/2024

Full Bill Text

No bill text available