How Timing of Divorce Filing Affects Equitable Distribution

In Florida, the timing of when a divorce is filed can have a significant impact on the equitable distribution of assets and liabilities. While many divorcing couples focus on what property exists and how it should be divided, when you file can influence how property is classified, valued, and divided — and may even affect legal strategy.

Why the Filing Date Matters

Under Florida Statute §61.075(7), the court generally uses the date of filing for dissolution of marriage as the cutoff point for determining the marital estate. This means:

• Assets and debts acquired before the filing date are typically considered marital (if acquired during the marriage).
• Assets and debts acquired after the filing date are typically treated as non-marital — unless there’s evidence of commingling or ongoing joint use.

However, courts have discretion to use a different valuation date “when circumstances require,” such as when a significant change in value has occurred between filing and trial.

Impact on Asset Classification and Valuation

1. Property Acquired After Filing:
If a spouse purchases a new home, car, or investment after the divorce petition is filed — and with their own income or separate funds — that property may be considered non-marital. But if joint funds are used or the purchase benefits both parties, the classification may be challenged.

2. Debts Incurred After Filing:
Generally, debts incurred after the filing are not marital — unless they are related to joint obligations, like mortgage payments or family expenses. If one spouse racks up credit card debt on a solo vacation or lavish purchases during the divorce process, they may be solely responsible for that debt.

3. Business Growth or Decline After Filing:
If a business significantly increases or decreases in value between filing and trial, the timing becomes critical. For example, if one spouse grows a business dramatically post-filing, they may argue that the post-filing growth is a non-marital appreciation, not subject to division.

In Schmitz v. Schmitz, 686 So. 2d 834 (Fla. 2d DCA 1996), the court upheld the use of the filing date as the appropriate date for asset valuation but acknowledged the trial court’s discretion to use a different date if justified by fairness or equity. This reinforces the importance of timing, especially for volatile or appreciating assets.

For individuals in Melbourne, Cocoa, Palm Bay, and throughout Brevard County, the timing of divorce filing can serve as a strategic tool in equitable distribution:

• Filing early may protect future income or growth in asset value from being included in the marital estate.
• Delaying filing may allow a spouse to continue gathering marital assets or secure financial stability before initiating the process.
• Post-filing conduct is also scrutinized. A party who depletes assets or incurs excessive debt after the filing may be penalized by the court.

Practical Tips

• Track the timeline of asset acquisition and debt incurrence carefully.
• Avoid large purchases or financial decisions after filing without consulting your attorney.
• Document all financial activity between filing and final judgment — this period is often highly scrutinized.
• Consult with an attorney before taking steps that could affect your classification of assets or debts.

The timing of your divorce filing can influence more than just your calendar — it can shape your entire financial outcome. If you’re contemplating divorce or are already in the process, make sure you understand how Florida’s laws treat property and debt before and after filing.

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.
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