How Courts Handle Partial Distributions During Divorce

In Florida divorce cases, it’s not uncommon for one party to request access to certain marital assets before the final hearing. These requests are known as interim or partial distributions, and they are permitted only under strict legal guidelines. Understanding when and how courts grant partial distributions is crucial to avoid errors that could be reversed on appeal.

What Are Interim or Partial Distributions?

Under Florida Statute § 61.075(5), a court may authorize the partial distribution of marital assets before the final judgment, but only if “good cause” is shown. The statute defines good cause as extraordinary circumstances. The party requesting the distribution must file a verified motion and demonstrate that:

The distribution won’t prejudice either party’s claims for support or attorney’s fees
The value of the marital asset(s) is known and documented
The requesting party has a valid need, such as avoiding foreclosure or covering critical expenses for a dependent child

In Calvarese v. Calvarese, the appellate court reversed a partial distribution of a $185,000 traditional IRA because the requesting spouse failed to show good cause. The court emphasized that no party had requested that distribution, and no extraordinary circumstances existed.

Examples of Valid Interim Distributions

Courts may grant a partial distribution under the following circumstances:

To prevent the loss of a marital home due to foreclosure
To pay medical expenses for a child
To allow access to funds for legal fees or divorce-related costs

In Kemp v. Kemp, the court reversed a distribution where neither party filed the required verified motion. Without this procedural step, the court had no authority to distribute marital property before the final hearing.

Procedural Requirements

To be valid, an interim partial distribution must:

Be requested by a verified motion
Be based on competent evidence of the asset’s value
Include findings that the distribution won’t prejudice either party
Include a clear basis showing extraordinary circumstances

A court that fails to follow this process may see its decision overturned on appeal, even if the distribution seems fair.

Strategic Considerations

Spouses should think carefully before requesting interim distributions. While it may be tempting to access marital funds early, doing so without meeting the statutory criteria can damage your credibility or delay the case. Furthermore, any distribution made without intent to revisit allocation in the final hearing may become final by default.

It’s also important to distinguish between temporary support orders (which are common) and partial equitable distributions. Support orders address monthly needs, while partial distributions involve the permanent assignment of marital property.

If you have questions about equitable distribution or need guidance during your divorce, contact Rhoden Law Group at 321-549-3162 call/text or use the contact form on this site. We serve clients in Melbourne, Titusville, Viera, Palm Bay, the beaches, and throughout Brevard County.