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Interim Partial Distribution: When you want half before the divorce is final

Sometimes during a divorce proceeding, one or both parties find it necessary to divide marital assets or debts prior to the divorce being finalized. For example, a spouse may wish to divide a specific account between the parties or request the Court order payment of a specific debt to one party or the other. According to Florida law, an interim partial distribution may be ordered if the court finds good cause to enter an order dividing assets or debts before the final distribution which may not occur until trial which could be a year or more after the divorce is filed.

For an interim partial distribution to occur, one of the parties in the divorce action must file a motion that establishes a specific factual basis as to why the distribution should occur before the final judgment of dissolution of marriage is entered. The law clarifies that an interim partial distribution will only be entered by the Court if the party seeking the distribution demonstrates “good cause” why the distribution should not be postponed until the final hearing. “Good cause” refers to extraordinary circumstances that require an interim partial distribution which requires more than mere convenience.

Florida law also mandates that the Court must make specific written findings identifying the marital asset or debt, valuing the asset or debt and distributing the asset or debt between the parties. These findings will then be adopted into the final distribution at the end of the case.

Because of the nature of Florida law, interim partial distributions can present significant hurdles in divorce cases and are difficult to obtain. If you want to achieve the best possible outcome in your divorce case, you should hire an experienced family law attorney as soon as possible to protect your best interests.

In addition to divorce matters, our firm also takes on cases involving custody battles, relocation issues, domestic violence injunctions, will and probate, criminal defense, personal injury, medical malpractice, and wrongful death cases. While our main office is in Gainesville, we also handle family law matters through our satellite offices in Ocala, Chiefland, Lake City, and Palatka.

For help with your legal issue, contact the Law Offices of Stephen K. Miller for a free phone consultation at (866) 496-8752 or via email at Info@ForYourLaw.com

BY: Stephanie N. Mack, Board Certified Marital & Family Law Attorney

July 2, 2012
 
 
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(Alachua County)

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(Duval & Surrounding)

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(Marion & Surrounding)

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(Levy & Surrounding)

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