Date of Valuation in Florida Divorce: When Are Assets Valued?

Date of Valuation in Florida Divorce: When Are Assets Valued?

Quick Answer: Florida courts typically value marital assets as close to trial or settlement as possible, but have discretion to use other dates when fairness requires. The valuation date can significantly impact your settlement—especially for volatile assets like businesses, stocks, or real estate.

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Why the Valuation Date Matters

Asset values change over time. The date chosen for valuation determines who benefits from appreciation or bears the loss from depreciation.

**Example:**

• Filing Date: Business worth $500,000
• Trial Date (2 years later): Business worth $800,000
• Difference: $300,000

If wife operated the business during divorce, should husband share in the growth? The valuation date answers this question.

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Florida's General Rule

Value "As Close to Trial as Possible"

Florida courts generally value assets as of:

• The date of trial, OR
• The date of settlement

This allows the court to work with current values and divide what actually exists.

Statutory Guidance

F.S. 61.075 doesn't mandate a specific valuation date, giving courts discretion:

The court must identify marital and non-marital assets and determine values for purposes of equitable distribution.

Courts have flexibility to use different dates when justice requires.

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When Courts Use Different Dates

Date of Filing

Courts may use the filing date when:

• One spouse significantly increased asset value post-filing through individual effort
• Fairness requires crediting the working spouse
• Assets were wasted or dissipated after filing

Date of Separation

Courts may use separation date when:

• Parties clearly separated finances
• One spouse's post-separation efforts grew assets
• Long delay between separation and trial

Specific Date for Specific Assets

Courts can use different dates for different assets:

• Marital home: date of trial
• Business: date of filing (if one spouse operated post-filing)
• Retirement accounts: most recent statement
• Stock options: vesting date

Multiple Dates May Apply

In complex cases, courts may:

• Use filing date for assets one spouse managed
• Use trial date for jointly held assets
• Use another date where circumstances warrant

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Asset Types and Valuation Date Issues

Business Interests

Most contested valuation date issues involve businesses:

Real Estate

• **Marital home**: Usually trial date (current market value)
• **Investment property**: May depend on who managed it
• **Property sold during divorce**: Actual sale price

Retirement Accounts

• Usually most recent statement
• May use coverture fraction for pre-marital portions
• Market fluctuations typically shared

Stock and Investments

• Volatile assets may be valued at trial date
• Unvested options: valued at vesting or with discount
• Stock acquired post-separation through post-filing efforts: may be excluded

Cryptocurrency

Highly volatile—valuation date is critical:

• Courts may use trial date
• Average over a period may be more fair
• Significant fluctuations may justify different treatment

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How to Argue for Your Preferred Date

→ **Valuation date strategy matters**: A [$195 Deep Dive Consultation](/services/consultation) can help you understand which date benefits your situation and how to argue for it.

Arguing for Filing Date

Use when assets grew post-filing and you want:

• To share in pre-filing value only
• To credit the other spouse's post-filing efforts
• To avoid losing value the other spouse created alone

Arguments:

• Clear separation of efforts after filing
• You had no involvement in asset growth
• Fairness requires recognizing individual post-filing contribution

Arguing for Trial Date

Use when assets grew or declined and you want:

• Current, realistic values
• To share in any appreciation during marriage
• To split current reality equally

Arguments:

• Marriage legally continued until final judgment
• Both spouses entitled to share in marital growth
• No unfairness in using current values

Arguing for Another Date

Sometimes a specific date makes most sense:

• Separation date when finances clearly divided
• Sale date when asset was liquidated
• Specific event date (leaving employment, selling business, etc.)

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The "Cut-Off" Date vs. Valuation Date

Two different concepts:

Cut-Off Date

When assets stop being classified as marital:

• Generally, date of filing
• Assets acquired after filing are usually non-marital
• Income earned post-filing may be non-marital

Valuation Date

When the value of marital assets is determined:

• Usually trial or settlement date
• Applies to assets classified as marital
• Determines dollar amounts for division

Example: Stock acquired during marriage (marital asset) is valued at trial date (valuation date) even though it was classified as marital at filing (cut-off date).

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Practical Implications

For Business Owners

If you've grown your business since filing:

• Argue for filing date valuation
• Document your post-filing efforts
• Show business growth came from your work, not marital partnership

For Non-Owner Spouses

If business grew during divorce:

• Argue for trial date valuation
• Emphasize ongoing marital partnership until judgment
• Show the owner benefited from still being legally married

For Both Parties

Get professional valuations at multiple dates:

• Filing date valuation
• Current valuation
• Understand the difference and its impact

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Special Considerations

Long-Pending Divorces

When divorce takes years:

• Valuation date issues amplify
• Consider interim agreements on certain assets
• Courts may use multiple dates for fairness

Rapidly Changing Asset Values

For volatile assets:

• Request valuations close to trial
• Consider averaging over time period
• Expert testimony on appropriate methodology

Spouse Delaying Divorce

If one spouse is intentionally delaying:

• Document the delay
• Argue for earlier valuation date
• Request sanctions if appropriate

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Get Expert Advice

Valuation date strategy can mean thousands of dollars in your settlement. Schedule a $95 Strategy Session to discuss your specific situation.