Interim Partial Equitable Distribution

Florida Statute §61.075(5) allows interim partial distribution of marital assets before final judgment, but only in exceptional situations. Amendments effective July 1, 2024, require:

• A verified motion.
• Evidence that the distribution is necessary (e.g., to prevent foreclosure, pay living expenses, or secure legal representation).
• A finding that such a distribution will not prejudice final distribution.

These distributions are not automatic. Courts must balance urgency with fairness.

If you are considering requesting interim distribution:

• File a detailed motion citing specific facts.
• Attach financial records supporting need.
• Address potential impact on the overall division.

Typical scenarios may include when one spouse has no access to funds while the other controls all assets, or when delay would result in foreclosure or significant financial harm. Courts will consider whether the requested interim distribution leaves enough remaining assets to ensure a fair final judgment.

These motions must be verified and well-supported. Unsupported or premature requests may be denied and may damage credibility in the broader case.

If you are in need of funds during divorce or believe you may be entitled to interim distribution, contact Rhoden Law Group at 321-549-3162. We help clients prepare strategic, well-documented motions that support equitable outcomes. Or use the contact form on this site. We serve clients throughout Brevard County, including Melbourne, Viera, Palm Bay, and the beaches.

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