Assets & Liabilities Determined as of DATE OF FILING; Not Date of Separation

Beware of purchases you or a spouse makes or debts incurred post-separation.  Apparently, even if you are separated or are no longer cohabitating together, the Court will strictly still use the Date of Filing your divorce case to determine which debts and assets are considered marital.

See Wagner v. Wagner, 2D12-5404 (Fla. 2nd DCA Februray 14, 2014) (court ordered over $13,500.00 in debt incurred by Husband only, post-separation, to be marital debt for which both parties were responsible because the divorce ad not yet been fied at that time)

See Broadway v. Broadway, 1D13-2779 (Fla. 1st DCA February 21, 2014) (court ordered a camper the Husband purchased during the parties' separation in September 2010 to be a marital asset because the divorce was not filed until 2011).

 

 

*case law courtey Michael Mattson, Certified Family Mediator, mattsonmediator@aol.com