New Laws

Changes to Equitable Distribution - Statutes Have Changed

A Dissolution of Marriage - "Divorce"

Florida's equitable distribution statute, Section 61.075 has been amended to abolish special equity claims and the special equity formula in Landay v. Landay, 429 So. 2d 1197 (Fla. 1983), and replace claims for unequal distribution or marital property distribution or appreciation of a nonmarital asset.  [see 2008 Fla. Laws, ch. 2008-46, Section 1, amending Section 61.075, Fla. Stat., adding new Section 61.075 (11), Fla. Stat].

Section 61.075 has been amended to provide that the burden of proof to defeat the gift presumption is clear and convincing evidence.

Section 61.075 has been amended to provide that jointly titled personal property is presumed to be marital.  If a spouse claims to the contrary, he or she has the burden of proof to show the nonmarital status of the property [See 2008 FL. Laws, ch. 2008-46, Section 1, amending Section 61.075 (6)(a), Fl. Stat., renumbering as Section 61.075(6)(a), Fl. Stat., and adding new Section 61.075(6)(a)(3)].

Interim Partial Equitable Distribution is now allowed.

Shared Parenting Statutes Have Changed

61.046(13) Fl St. "Parenting Plan" means a document created to govern the relationship between the parties relating to the decisions that must be made regarding the minor child and which shall contain a time baring schedule for the parents and child (ren).

The Parenting Plan shall be developed and agreed to by the parents and approved by the court or, if the parents cannot agree, established by the court.

The Parenting Plan creates future parenting of the minor children.  It also educates the parents on good shared parenting and provides for the continued care of children with the hope that these plans will help avoid post-divorce conflicts.