HB 1297

1	A bill to be entitled
2	An act relating to dissolution of marriage; amending s.
3	61.075, F.S.; providing for interim partial distributions
4	during dissolution actions; providing for motions;
5	providing for effect on final distributions; providing
6	factors to be considered; revising the definition of the
7	term "marital assets and liabilities"; conforming
8	provisions to the abolition of special equity; providing a
9	presumption concerning certain personal property acquired
10	during the marriage; specifying the burden of proof
11	necessary to overcome the gift presumption; abolishing
12	special equity; providing for claims formerly identified
13	as special equity; amending s. 741.0306, F.S.; conforming
14	provisions to the abolition of special equity; providing
15	an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsections (5) through (9) of section 61.075,
20	Florida Statutes, are redesignated as subsections (6) through
21	(10), respectively, a new subsection (5) is added to that
22	section, paragraph (a) of present subsection (5) of that section
23	is amended, and subsection (11) is added to that section, to
24	read:
25	61.075  Equitable distribution of marital assets and
26	liabilities.--
27	(5)  If the court finds good cause that that there should
28	be an interim partial distribution during the pendency of a
29	dissolution action, the court may enter an interim order that
30	shall identify and value the marital and nonmarital assets and
31	liabilities made the subject of the sworn motion, set apart
32	those nonmarital assets and liabilities, and provide for a
33	partial distribution of those marital assets and liabilities. An
34	interim order may be entered at any time after the date the
35	dissolution of marriage is filed and served and before the final
36	distribution of marital and nonmarital assets and marital and
37	nonmarital liabilities.
38	(a)  Such an interim order shall be entered only upon good
39	cause shown and upon sworn motion establishing a specific
40	factual basis for the motion. The motion may be filed by either
41	party and shall demonstrate good cause why the matter should not
42	be deferred until the final hearing.
43	(b)  The court shall specifically take into account and
44	give appropriate credit for any partial distribution of marital
45	assets or liabilities in its final allocation of marital assets
46	or liabilities. Further, the court shall make specific findings
47	in any interim order under this section that any partial
48	distribution will not cause inequity or prejudice to either
49	party as to either party's claims for support or attorney's
50	fees.
51	(c)  Any interim order partially distributing marital
52	assets or liabilities as provided in this subsection shall be
53	pursuant to and comport with the factors in subsections (1) and
54	(3) as such factors pertain to the assets or liabilities made
55	the subject of the sworn motion.
56	(d)  As used in this subsection, the term "good cause"
57	means extraordinary circumstances that require an interim
58	partial distribution.
59	(6)(5)  As used in this section:
60	(a)1.  "Marital assets and liabilities" include:
61	a.1.  Assets acquired and liabilities incurred during the
62	marriage, individually by either spouse or jointly by them.;
63	b.2.  The enhancement in value and appreciation of
64	nonmarital assets resulting either from the efforts of either
65	party during the marriage or from the contribution to or
66	expenditure thereon of marital funds or other forms of marital
67	assets, or both.;
68	c.3.  Interspousal gifts during the marriage.;
69	d.4.  All vested and nonvested benefits, rights, and funds
70	accrued during the marriage in retirement, pension, profit-
71	sharing, annuity, deferred compensation, and insurance plans and
72	programs.; and
73	2.5.  All real property held by the parties as tenants by
74	the entireties, whether acquired prior to or during the
75	marriage, shall be presumed to be a marital asset. If, in any
76	case, a party makes a claim to the contrary, the burden of proof
77	shall be on the party asserting the claim that the subject
78	property, or some portion thereof, is nonmarital for a special
79	equity.
80	3.  All personal property titled jointly by the parties as
81	tenants by the entireties, whether acquired prior to or during
82	the marriage, shall be presumed to be a marital asset. In the
83	event a party makes a claim to the contrary, the burden of proof
84	shall be on the party asserting the claim that the subject
85	property, or some portion thereof, is nonmarital.
86	4.  The burden of proof to overcome the gift presumption
87	shall be by clear and convincing evidence.
88	(11)  Special equity is abolished. All claims formerly
89	identified as special equity, and all special equity
90	calculations, are abolished and shall be asserted either as a
91	claim for unequal distribution of marital property and resolved
92	by the statutory factors set forth in subsection (1) or as a
93	claim of enhancement in value or appreciation of nonmarital
94	property.
95	Section 2.  Paragraph (e) of subsection (3) of section
96	741.0306, Florida Statutes, is amended to read:
97	741.0306  Creation of a family law handbook.--
98	(3)  The information contained in the handbook or other
99	electronic media presentation may be reviewed and updated
100	annually, and may include, but need not be limited to:
101	(e)  Property rights, including equitable distribution,
102	special equity, premarital property, and nonmarital property.
103	Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.