When people meet with a tampa divorce lawyer, they are often surprised by how much a divorce can hinge on details they assumed were minor. A bank account opened after separation. A car value written into a worksheet. Money borrowed from a parent during a rough financial period.
In McHugh v. McHugh (2024), Florida’s Fifth District Court of Appeal made clear that these details matter, and that trial courts must follow Florida’s equitable distribution statutes exactly, even when a different outcome might feel fair.
This case is especially important for anyone working with a tampa divorce lawyer on asset division issues after separation.
The Big Picture: Judges Must Follow the Statute
The trial court attempted to reach what it believed was a fair result by adjusting asset classification and debt treatment. The appellate court reversed all three financial rulings and sent the case back for a complete recalculation.
For clients speaking with a tampa divorce lawyer, the lesson is straightforward. Florida judges do not have unlimited discretion in equitable distribution. Even well-intentioned decisions must comply with the statute.
Separation Does Not End the Marriage for Asset Purposes
One of the most common misconceptions a tampa divorce lawyer hears is that separation alone changes ownership of assets.
What Happened
After the parties separated but before a divorce petition was filed, the former wife accumulated more than $10,000 in a bank account. The trial court treated that account as nonmarital, reasoning that fairness required it because the parties were no longer living together.
The appellate court reversed that decision.
The Legal Rule
Under Florida law, assets acquired during the marriage are presumed marital until one of two events occurs:
- The parties enter into a valid separation agreement, or
- A petition for dissolution is filed.
A tampa divorce lawyer will often caution clients that emotional separation does not equal legal separation. Because neither triggering event had occurred, the funds were marital.
Why This Matters
If you are separated but have not filed, a tampa divorce lawyer will tell you that income earned, accounts opened, and debts incurred may still be divided. Filing timing can materially affect the outcome of your case.
Asset Values Must Be Based on Evidence
Valuation disputes are another frequent issue handled by a tampa divorce lawyer, especially with vehicles and personal property.
What Happened
The only evidence of the wife’s car value came from the husband’s Kelley Blue Book testimony valuing the car at $6,000. The trial court later reduced the value to $4,000 without any supporting evidence, calling the discrepancy a clerical error.
What the Appellate Court Said
Florida courts must base asset values on competent, substantial evidence. A tampa divorce lawyer understands that courts cannot invent or adjust values without record support.
Because no evidence supported the lower value, the appellate court required the $6,000 figure to be used.
Family Loans Are Not Automatically Gifts
Financial assistance from parents is a recurring issue in divorce cases handled by a tampa divorce lawyer.
What Happened
The husband borrowed money from his father during the marriage to cover household expenses. There were no formal loan documents, no interest, and no fixed repayment schedule. Despite testimony from both the husband and his father that repayment was expected, the trial court treated the money as a gift.
The appellate court reversed.
The Legal Distinction
Florida law focuses on intent. A gift requires intent to give without expectation of repayment. Here, both parties testified it was a loan, payments had been made, and the father kept records labeling the transfers as loans.
A tampa divorce lawyer will recognize that informal family loans can still be valid marital liabilities.
Frequently Asked Questions About McHugh v. McHugh
If we were separated, why was the bank account still marital?
Because Florida law does not treat separation as the end of the marriage for asset purposes. A tampa divorce lawyer will explain that assets remain marital until a petition is filed or a separation agreement is signed.
Can a judge decide something is nonmarital just because it feels unfair to divide it?
No. As this case shows, a tampa divorce lawyer knows that judges must follow the statute. Fairness alone does not allow deviation from the law.
What if my spouse opened accounts without telling me after we separated?
A tampa divorce lawyer can still seek equitable distribution of those accounts if they were opened before the divorce petition was filed.
Do family loans really count as marital debt?
They can. A tampa divorce lawyer will look at intent, repayment history, and supporting records. Lack of formal paperwork does not automatically turn a loan into a gift.
How important is documentation in asset valuation disputes?
Very important. A tampa divorce lawyer relies on evidence because courts cannot assign values without record support, as demonstrated in this case.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.