House Bill hb0315c1
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2002              CS/HB 315
        By the Council for Smarter Government and Representatives
    Betancourt, Lynn, Baxley and Crow
  1                      A bill to be entitled
  2         An act relating to the equitable distribution
  3         of marital assets and liabilities; amending s.
  4         61.075, F.S.; providing for the unequal
  5         distribution of marital assets and liabilities
  6         when fault, attributed to one spouse, leads to
  7         the dissolution of marriage; providing that a
  8         liability incurred by forgery or unauthorized
  9         signature is a nonmarital liability; providing
10         for attorney's fees; providing an exception;
11         providing an effective date.
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13  Be It Enacted by the Legislature of the State of Florida:
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15         Section 1.  Paragraph (j) of subsection (1) and
16  paragraph (b) of subsection (5) of section 61.075, Florida
17  Statutes, are amended to read:
18         61.075  Equitable distribution of marital assets and
19  liabilities.--
20         (1)  In a proceeding for dissolution of marriage, in
21  addition to all other remedies available to a court to do
22  equity between the parties, or in a proceeding for disposition
23  of assets following a dissolution of marriage by a court which
24  lacked jurisdiction over the absent spouse or lacked
25  jurisdiction to dispose of the assets, the court shall set
26  apart to each spouse that spouse's nonmarital assets and
27  liabilities, and in distributing the marital assets and
28  liabilities between the parties, the court must begin with the
29  premise that the distribution should be equal, unless there is
30  a justification for an unequal distribution based on all
31  relevant factors, including:
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2002              CS/HB 315
    405-138-02
  1         (j)  Fault, by either spouse, that was a primary cause
  2  of the dissolution of the marriage, including, but not limited
  3  to, adultery, abandonment, cruelty, abuse, or neglect.
  4         (k)  Any other factors necessary to do equity and
  5  justice between the parties.
  6         (5)  As used in this section:
  7         (b)  "Nonmarital assets and liabilities" include:
  8         1.  Assets acquired and liabilities incurred by either
  9  party prior to the marriage, and assets acquired and
10  liabilities incurred in exchange for such assets and
11  liabilities;
12         2.  Assets acquired separately by either party by
13  noninterspousal gift, bequest, devise, or descent, and assets
14  acquired in exchange for such assets;
15         3.  All income derived from nonmarital assets during
16  the marriage unless the income was treated, used, or relied
17  upon by the parties as a marital asset; and
18         4.  Assets and liabilities excluded from marital assets
19  and liabilities by valid written agreement of the parties, and
20  assets acquired and liabilities incurred in exchange for such
21  assets and liabilities; and
22         5.  Any liability incurred by forgery or unauthorized
23  signature of one spouse signing the name of the other spouse.
24  Any such liability shall be a nonmarital liability only of the
25  party having committed the forgery or having affixed the
26  unauthorized signature.  In determining an award of attorney's
27  fees and costs pursuant to s. 61.16, the court may consider
28  forgery or unauthorized signatures by a party and may make a
29  separate award for attorney's fees and costs occasioned by the
30  forgery or unauthorized signature.  This provision shall not
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CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 2002              CS/HB 315
    405-138-02
  1  apply to any forged or unauthorized signature that was
  2  subsequently ratified by the other spouse.
  3         Section 2.  This act shall take effect July 1, 2002.
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