Asset Valuation

In every divorce, marital assets must be identified and valued.  The date of which marital assets are to be valued, to some, is one of the most important factors when distributing marital assets through equitable distribution.  Marital assets may have appreciated or depreciated over the course of the marriage so it would not be wise to arbitrarily set one date for valuing all assets.  Florida Statue § 61.075(7) addresses the issue as to when marital assets are to be valued.  Section § 61.075(7) states in part:

The date for determining the value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances.  Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.

This section gives a trial court broad discretion when determining the valuation date for marital assets which all can have completely different dates if the circumstances so requires.  Courts, at times, may use the dates of separation, filing, or trial when establishing the valuation date.  However, one should not rely solely on these dates when determining a valuation date.

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