House Bill hb0315c1

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    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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    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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    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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