Monday, February 28, 2011

Will the Court Credit a Spouse for Money Borrowed During the Divorce Proceeding?

The answer is maybe and maybe. Our district court looked at this issue is the case of Stock v. Stock, 693 So.2d 1080, 1086 (Fla. 2d DCA 1997) and found that "the reimbursement or credit for a party's payment of marital property-related expenses during separation is a matter of judicial discretion in light of all relevant circumstances." The First District Court of Appeal recently relied on this holding in Fashingbauer v. Fashingbauer, 19 So. 3d 401 (Fla. 1st DCA 2009). The issue depends on the answer to (1) what the money was borrowed for and (2) the Judge's discretion depending on the unique facts of that specific case. Marital and family law is, by its nature, very fact intensive which is why case law can serve as a guide but cannot always answer the specific question in your case.

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