William Walsh v. Nicole Walsh

Summary

The Florida Fifth District Court of Appeal reviewed a marital dissolution appeal involving the valuation of a Fidelity retirement account, characterization of funds from the former husband's father, and distribution of Quad Staffing cash. The court affirmed in part, reversed in part, and remanded for reconsideration of the retirement account's value because the trial court had not made a specific finding that any dissipation resulted from intentional misconduct.

Holdings

1. A depleted asset may not be included in an equitable distribution scheme absent a specific finding that the dissipation resulted from intentional misconduct. Because the trial court made no such specific finding regarding the Fidelity retirement account, its valuation of that account required reversal and remand.
2. The court did not reverse the trial court's determinations concerning the $60,000 received from Former Husband's father or the distribution of Quad Staffing cash.

Questions Presented

1. Whether the trial court erred by including the value of a depleted Fidelity retirement account in equitable distribution without making a specific finding that the dissipation resulted from intentional misconduct.
2. Whether the trial court erred in characterizing $60,000 received from Former Husband's father as a gift rather than a loan.
3. Whether the trial court erred in distributing Quad Staffing cash.

Disposition

reversed_and_remanded