KAMALAKAR RAO-NAGINENI, APPELLANT,
v.
HEMA NAGINENI RAO, APPELLEE
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In this dissolution of marriage appeal, the former husband challenges the trial court's determination of the cut-off date for classifying marital assets and liabilities. The court erroneously used the parties' separation date (August 1, 1999) instead of the petition filing date (August 31, 2002) to determine marital classification, violating the bright-line rule in Florida Statute § 61.075(6).
The trial court erred in determining the cut-off date for marital classification. Section 61.075(6) establishes a bright-line rule requiring use of the petition filing date absent a valid separation agreement. The court's discretion to determine value on a just and equitable basis applies only after assets are characterized as marital or non-marital, not before.
[1] In dissolution of marriage proceedings, the cut-off date for determining the classification of marital assets and liabilities is the date of the filing of the petition fo…
[2] A trial court errs by using the date of the parties' separation as the cut-off date for classifying marital assets and liabilities when no valid separation agreement exis…
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Join FLexlaw to unlock all legal intelligence“Section 61.075(6), Florida Statutes (2003), provides a bright line rule for setting the date to be used in determining the marital classification of assets and liabilities. If there is no valid separation agreement, the cut-off date is 'the date of the filing of the petition for dissolution of marriage.'”
Establishes the mandatory statutory bright-line rule for the classification cut-off date in the absence of a separation agreement
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Join FLexlaw to unlock all legal intelligenceBoth parties were physicians married in March 1972. The former wife filed a petition for dissolution on August 31, 2002. The parties had effectively s…
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MAY, J.
The former husband appeals a final judgment of dissolution. He raises four issues, including the disqualification of the trial judge, the cut-off date for classification of marital assets and liabilities for the purpose of equitable distribution, and the striking of the former husband’s pleadings. We find the trial court erred in determining the cut-off date for determining marital assets and liabilities. We therefore reverse and remand the case for further proceedings.
The parties, both physicians, were married in March 1972. The former wife filed a petition of dissolution of marriage on August 31, 2002. The trial court eventually struck the former husband’s pleadings and entered a default against him for his failure to comply with discovery orders. The court then rendered a “Final Judgment of Equitable Distribution, Parenting Plan and Child Support.”
In its judgment, the trial court found the parties had “effectively separated” on a date prior to the commencement of the dissolution, but did not have a valid separation agreement at the time of separation. The court acknowledged that section 61.075, Florida Statutes (2003), provides the cut-off date for determining the marital assets and liabilities, but found it had some discretion to value the property in a just and equitable manner based upon the circumstances. The court found the par ties “effectively separated all of their joint activities” on August 1,1999, and used that date for the valuation of assets and liabilities.
The former husband argues the court erroneously determined the date. He also suggests there are errors in the order concerning the Pennsylvania property and the valuation of the former husband’s pension plan. We agree.
Section 61.075(6), Florida Statutes (2003), provides a bright line rule for setting the date to be used in determining the marital classification of assets and liabilities. If there is no valid separation agreement, the cut-off date is “the date of the filing of the petition for dissolution of marriage.” Caruso v. Caruso, 814 So. 2d 498, 502 (Fla. 4th DCA 2002). Nevertheless, the trial court used August 1, 1999, the date the parties separated, instead of August 31, 2002, the date the petition was filed, as the date to determine marital assets and liabilities and their value. In doing so, the court erred.
The discretion given to trial courts, and to which the trial court referred in its final judgment, arises after the assets and liabilities are characterized as marital or non-marital. The statute provides “[t]he date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances.” See § 61.075(6), Fla. Stat. (2003). Here the court used its discretion too early in the process.
For this reason, the Final Judgment is reversed and the case is remanded for the trial court to use August 31, 2002, as the date for determining the marital and non-marital nature of the assets and liabilities. The court may then use its statutorily-given discretion for valuing these assets and liabilities. This will require the court to redo the equitable distribution, including the Pennsylvania and Vero Beach properties.1
REVERSED and REMANDED.
GUNTHER and KLEIN, JJ., concur. . On remand, the trial court must strike its mention of a mortgage on the Pennsylvania property as the court sustained the former husband’s objection to the introduction of evidence on this issue. In addition, the court must calculate the value of the pension plan using a date no later than the date the petition for dissolution was filed. See Bain v. Bain, 553 So. 2d 1389 (Fla. 5th DCA 1990).
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Citator
Cited By (11 total)
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Stephany M. Byers v. Byers, 910 So. 2d 336 (Fla. 4th DCA 2005)…rital is the date or dates that the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates as, in the judge’s discretion, the circumstances require. See id.; see also Rao-Nagineni v. Rao, 895 So. 2d 1160, 1161 (Fla. 4th DCA 2005)(section 61.075(6), Florida Statutes (2003), provides a bright line rule for setting the date to be used in determining the marital classification of assets and liabilities. If there is no valid separation agreement, the cut…
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Schmitz v. Schmitz, 950 So. 2d 462 (Fla. 4th DCA 2007)…ate of the filing of a petition for dissolution of marriage. This section provides a bright line rule for setting the date to be used for classifying marital assets and liabilities for the purpose of equitable distribution. See Rao-Nagineni v. Rao, 895 So. 2d 1160, 1161 (Fla. 4th DCA 2005); Caruso v. Caruso, 814 So. 2d 498, 504 (Fla. 4th DCA 2002). Here, because the parties did not have a separation agreement or agree on any alternative date in any other agreement, the trial court should have identified the a…
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Willman v. Willman, 944 So. 2d 1151 (Fla. 1st DCA 2006)…PER CURIAM. In the absence of a valid separation agreement, a married couple’s assets remain “marital” until the date dissolution papers are filed. See § 61.075(6), Fla. Stat. (2005); Rao-Nagineni v. Rao, 895 So. 2d 1160, 1161 (Fla. 4th DCA 2005) (“Section 61.075(6), Florida Statutes (2003), provides a bright line rule for setting the date to be used in determining the marital classification of assets and liabilities. If there is no valid separation agreement, the c…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Addison L. Bain v. Ingeborg K. Bain, 553 So. 2d 1389 (Fla. 5th DCA 1990)
- Caruso v. Caruso, 814 So. 2d 498 (Fla. 4th DCA 2002)