Can You Challenge Your Florida Divorce Settlement If You Later Discover Your Ex Hid Assets?

In Florida divorce cases involving high net worth couples, it is quite common for the parties to reach a marital settlement agreement on the division of their property. Indeed, such complex asset division often requires careful negotiation between both parties and their attorneys. The final agreement is, in every sense of the word, a legally binding contract. And depending on the final wording of that contract, you may not be able to challenge the agreement after-the-fact, even if you discover evidence that your now-former spouse may have concealed or hid assets from you during the marriage.

Florida Court Declines to Reopen Argentina Property Division Agreement

The Florida Third District Court of Appeal recently addressed just such a case. In Maradona v. Villafañe, the parties were married in Argentina. They also divorced in Argentina. They later entered into a marital settlement agreement (MSA). As relevant here, the MSA stated that the assets disclosed by both sides prior to the agreement were their “undivided assets [as] husband and wife” and that they each “expressly waive the right to make a claim with regard to the settlement and allotting the assets comprising the community property.”

About a year after signing the MSA, however, the ex-husband filed a petition in Florida circuit court. The ex-husband alleged that during an “audit” conducted by his attorney, he discovered that his ex-wife had “fraudulently purchased” several properties during the marriage in Miami-Dade County using his money. The ex-wife moved to dismiss the lawsuit, which she said was identical to one he had already filed in Argentina. She further maintained that her ex-husband’s claims were barred by the terms of the MSA itself.

Indeed, the Florida courts agreed with the ex-wife on that point. The trial court not only dismissed the ex-husband’s complaint. It also held him in contempt for violating a court order in relation to the case. On appeal, the Third District reversed the contempt finding.=, but it upheld the substantive ruling in favor of the ex-wife. The appellate court said the MSA language cited above meant he “expressly waived any right to make a claim that there were additional marital assets.” In fact, the belated “discovery” of the Miami-Dade assets came about because of a simple search of public records, something the Third District noted the ex-husband could have easily discovered before signing the MSA.

Contact a Miami Equitable Distribution  Lawyer

In contested Florida divorce cases, a judge will make an “equitable” distribution of assets after considering a number of factors. Of course, the parties are always free to reach and submit a marital settlement agreement reflecting what they consider to be equitable. But this process requires mutual trust between the parties and a full and fair disclosure of assets.

And the more substantial and complex your assets are, the more you are likely to benefit from the legal advice of a skilled Miami equitable distribution lawyer. Contact Hamilton O’Neill today to schedule a consultation.

Source:

3dca.flcourts.gov/content/download/2457085/opinion/Opinion_2023-2085.pdf