Husband Appeals Equitable Distribution Award After Being Accused Of Dissipating Marital Assets

In the case of Corrales v. Corrales, the husband, Mr. Corrales, appealed the amended final decree for the dissolution of the marriage. In this case, the husband and wife had been married for nearly 30 years before pursuing a divorce. Immediately following their marriage, the couple moved into a home in Westchester, FL owned solely by the husband, and, together, the couple worked long hours to build a lucrative automobile repair shop business. Both regularly drew salaries from the business and due to their occupational success, acquired numerous assets to their marital estate. They were also able to enroll their son in a private school.

Eventually, the marriage deteriorated in 2011 and while the wife was traveling with their son to a baseball tournament, the husband moved out of the marital home. Upon returning, the wife found that the home was in a state of disarray and two large safes were open. The wife also discovered that her husband had withdrawn nearly $190,000 from a jointly held bank account and numerous collectible items, furniture, financial records, artwork, and other assets were missing from the home and a condominium that the couple also owned.

During this process, the husband began to openly withhold financial support from the family by refusing to allow the wife to draw her usual salary from the family business, canceling her credit cards, failing to pay for utilities on the marital home, and insisting that his son attend a public school for his final two years of high school.

The husband filed for divorce in 2015. The wife counter-petitioned and the case proceeded to a heavily contested trial during which marital assets were evaluated and distributed to both parties.

Trial court failed to assign husband any portion of the marital home 

On his appeal, the husband contended that the lower court failed to award him any portion of the marital home as a nonmarital asset. The husband owned the residence prior to the marriage. During the marriage, the parties obtained several home equity loans to fund the family business. The debt incurred on the home dwarfed the estimated value.

In this divorce proceeding, the husband bore the burden of proof to establish the value of any nonmarital portion of the residence. However, he failed to timely frame the issue in his pleadings, and the evidence concerning the value and appreciation of the home fell short of the judicial standard of review required to find an error by the circuit court.

The husband further contested the unequal distribution of marital assets. While Florida courts tend to default on equal distribution, there are good reasons the court will deviate from this standard. In this case, the husband was alleged to have “dissipated assets” by taking them from the marital home while the wife was away. On this basis, the court found cause to favor the wife when distributing the marital property.

Talk to a Tampa, FL Divorce Lawyer Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents who are pursuing a divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin advocating on your behalf right away.

Source:

law.justia.com/cases/florida/third-district-court-of-appeal/2020/3d19-2524.html