Often times at the outset of a divorce, men begin wondering what to do regarding their home, their bills, their insurance policies, etc. They want to begin cutting ties with their old life and begin establishing a new one. More often than not, the appropriate course of action during the pendency of your divorce is to maintain what you’ve been doing. That is, until either an agreement can be reached between yourself and the opposing party, or an order by the court is entered, it is usually recommended that you maintain status quo.
To reinforce this notion, in a lot of cases, judges may enter what is called a “Standing Temporary Order for Dissolution of Marriage”. It is highly recommended that you find out whether one of these orders has been entered in your case, and if so, that you read it closely, so you understand everything within it. A Standing Temporary Order for Dissolution of Marriage typically outlines things such as, but not limited to, the following:
a. That parties are not to dispose of any assets;
b. That parties are not to directly or indirectly affect any personal and/or business records or insurance;
c. That neither party should acquire any more debt that would hold the other party liable.
To see these stipulations in more detail, refer to the Temporary Standing Order in your case.
But what if you’ve already separated, and moved out of the marital home?
If you’ve already moved out, it may be very difficult to maintain two households. You will need to take care of yourself; however just be aware that if any action is taken that has an effect on the marital estate, Florida Statute 61.075(1) allows parties to argue pursuant to factors (a) – (j) that the court should enter an unequal distribution. More specifically, Florida Statute 61.075(1)(i) states as a factor, “The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.” What this means is that you can do what is reasonable to take care of yourself in your new living situation, however if there is any evidence of the aforementioned above, it may be used against you in equitable distribution.
If you don’t intend to cause any waste upon the estate, and you simply need to survive, you are allowed to use marital assets during the pendency of your divorce proceedings. However, be careful, as the “use” must be for necessities only and it is vital that you maintain good accounting. This scenario is illustrated in Florida case law, more specifically in Plichta v. Plichta, 899 So. 2d 1283, 1286 (Fla. 2d DCA 2005). In Plichta, the trial court adopted the equitable distribution worksheet submitted by the Wife. The Husband argued that the distribution wrongly attributed to him the value of $57,000 for two IRA accounts he used up during the pendency of the dissolution proceedings and used to pay for his support, living expenses, and some litigation costs. The appellate court agreed that it was error for the trial court to include these depleted marital assets in the equitable distribution scheme because the Husband used this sum during the pendency of the dissolution proceedings, and no misconduct was asserted. See Cooper v. Cooper, 639 So.2d 153, 154-55 (Fla. 2d DCA 1994). The reversal on this issue required the trial court to reconsider the equitable distribution scheme. Plichta, 899 So. 2d 1283 at 1286.
So, in short, if it is possible for you, you should follow the standing order in your case and maintain status quo until either agreement or court order is entered. However, if you are struggling to get by and need to use part of your assets to help you get through this difficult time, then there are exceptions that allow for this, however it is highly recommended that you consult with your attorney before doing anything, as any actions you take may have a direct effect on the equitable distribution in your case.