Karen Haxel v. Douglas Haxel

Summary

The Florida Fifth District Court of Appeal affirmed a dissolution judgment in part but reversed the $13,980.33 credit awarded to the husband for post-separation mortgage payments. The court held that, because the husband had been primarily responsible for the mortgage during the marriage, he was not entitled to a credit for continuing those payments and remanded for an amended equitable distribution judgment.

Holdings

1. A spouse should not receive a credit for post-separation mortgage payments when that spouse was the primary income earner and was generally responsible for paying the mortgage and other household expenses during the marriage.
2. The dissolution judgment must be amended to remove Husband's house-payment credit and make the corresponding adjustment to the equitable distribution of the marital home.

Questions Presented

1. Whether a spouse who was generally responsible for paying the mortgage and other household expenses during the marriage is entitled to a credit for post-separation mortgage payments on the marital home.
2. Whether the equitable distribution portion of the dissolution judgment should be adjusted to remove the house-payment credit.

Disposition

reversed_and_remanded