House Bill hb0315

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    Florida House of Representatives - 2002                 HB 315

        By Representative Betancourt






  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 one spouse forges or intentionally uses

  7         the unauthorized signature of the other spouse;

  8         providing an effective date.

  9

10         WHEREAS, it is the intent of chapter 61, Florida

11  Statutes, to provide for the equitable distribution of marital

12  assets, and

13         WHEREAS, s. 61.075(1), Florida Statutes, provides in

14  part that "in distributing the marital assets and liabilities

15  between the parties, the court must begin with the premise

16  that the distribution should be equal, unless there is a

17  justification for an unequal distribution based on all

18  relevant factors," and

19         WHEREAS, s. 673.4031(1), Florida Statutes, provides in

20  part that "an unauthorized signature is ineffective except as

21  the signature of the unauthorized signer" in order to protect

22  the person whose signature was forged as well as the good

23  faith receiver of the instrument or document, and

24         WHEREAS, there is a justification for an unequal

25  distribution of marital assets and liabilities in the event

26  that a spouse has forged or otherwise entered into any

27  liability with the unauthorized use of his or her spouse's

28  name or signature, and

29         WHEREAS, it is too often the case that courts hear

30  during dissolution proceedings that a spouse forged or

31  otherwise misused without authority the signature of the other

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    Florida House of Representatives - 2002                 HB 315

    573-152A-02






  1  spouse to cash joint instruments, to open credit card or other

  2  credit accounts, or to encumber or otherwise dispose of a

  3  marital asset or assets without the knowledge or consent of

  4  the other spouse, and

  5         WHEREAS, the State of Florida no longer follows the

  6  doctrine of interspousal tort immunity, NOW, THEREFORE,

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (1) of section 61.075, Florida

11  Statutes, is amended to read:

12         61.075  Equitable distribution of marital assets and

13  liabilities.--

14         (1)  In a proceeding for dissolution of marriage, in

15  addition to all other remedies available to a court to do

16  equity between the parties, or in a proceeding for disposition

17  of assets following a dissolution of marriage by a court which

18  lacked jurisdiction over the absent spouse or lacked

19  jurisdiction to dispose of the assets, the court shall set

20  apart to each spouse that spouse's nonmarital assets and

21  liabilities, and in distributing the marital assets and

22  liabilities between the parties, the court must begin with the

23  premise that the distribution should be equal, unless there is

24  a justification for an unequal distribution based on all

25  relevant factors, including:

26         (a)  The contribution to the marriage by each spouse,

27  including contributions to the care and education of the

28  children and services as homemaker.

29         (b)  The economic circumstances of the parties.

30         (c)  The duration of the marriage.

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    Florida House of Representatives - 2002                 HB 315

    573-152A-02






  1         (d)  Any interruption of personal careers or

  2  educational opportunities of either party.

  3         (e)  The contribution of one spouse to the personal

  4  career or educational opportunity of the other spouse.

  5         (f)  The desirability of retaining any asset, including

  6  an interest in a business, corporation, or professional

  7  practice, intact and free from any claim or interference by

  8  the other party.

  9         (g)  The contribution of each spouse to the

10  acquisition, enhancement, and production of income or the

11  improvement of, or the incurring of liabilities to, both the

12  marital assets and the nonmarital assets of the parties.

13         (h)  The desirability of retaining the marital home as

14  a residence for any dependent child of the marriage, or any

15  other party, when it would be equitable to do so, it is in the

16  best interest of the child or that party, and it is

17  financially feasible for the parties to maintain the residence

18  until the child is emancipated or until exclusive possession

19  is otherwise terminated by a court of competent jurisdiction.

20  In making this determination, the court shall first determine

21  if it would be in the best interest of the dependent child to

22  remain in the marital home; and, if not, whether other

23  equities would be served by giving any other party exclusive

24  use and possession of the marital home.

25         (i)  The intentional dissipation, waste, depletion, or

26  destruction of marital assets after the filing of the petition

27  or within 2 years prior to the filing of the petition.

28         (j)  The intentional forgery or unauthorized use of the

29  signature of one spouse by the other spouse. No spouse may be

30  unjustly enriched by the forgery or unauthorized use of the

31  signature of the other spouse. To that end, the provisions of

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    Florida House of Representatives - 2002                 HB 315

    573-152A-02






  1  ss. 671.201, 673.4031, 817.54, 817.60, 831.01, and 831.02

  2  shall apply to the provisions of this section and shall be

  3  considered by the court in making an unequal distribution in

  4  favor of the spouse whose signature was forged or used without

  5  his or her knowledge or consent. The court shall make the

  6  wrongdoing spouse fully and completely liable for any

  7  liability or asset wrongfully disposed of. The court may

  8  consider any other sanction inclusive of attorney's fees and

  9  costs in making an unequal distribution pursuant to this

10  paragraph.

11         (k)(j)  Any other factors necessary to do equity and

12  justice between the parties.

13         Section 2.  This act shall take effect July 1, 2002.

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16                          HOUSE SUMMARY

17
      Provides for the unequal distribution of marital assets
18    and liabilities when one spouse forges the signature of
      the other or uses the other spouse's signature without
19    authorization. See bill for details.

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