CASE OF THE MONTH: Equitable Distribution With a Girlfriend on the Side.

By Robin Roshkind, Esquire, West Palm Beach, Florida

THE FACTS:  This case involves a husband, who we represent, who decided to leave his long term marriage.  The couple has extensive assets, two large homes, one in Florida and another up north, and two country clubs.   The husband also has a younger girlfriend who is a successful working professional.  The wife is shocked, hurt, and angry.   She is rightfully so under the care of a therapist.

THE ISSUES:  While the girlfriend is an issue for the wife,  since she is self supporting and the husband has not spent much money on her, legally the girlfriend is not an issue in the State of Florida.  If she is, it is only to the extent of marital funds being spent, which, unlike most cases involving a paramour, is minimal in this case.

HOW WE WORKED IT OUT:  The homes have to be sold.  They are worth millions of dollars.  The husband and wife agree that this is a bad time to do that, so they will remain real estate partners, bearing the asset and the debt together with their liquid assets.

The rest of the accounts, stocks, bonds, investments, are to be split 50/50 with a joint account set up for joint expenses on the homes, to which both parties will contribute equally from their 50/50 share of cash.   This leaves the husband free now to spend his half as he wishes, whether that means investing, setting up a new business or spending it all on the girlfriend.

WHAT WE STILL NEED TO DO:  What remains is division of an extensive art collection.  Should it be divided according to value or according to who wants what?  This is up for discussion at the next mediation.

Lastly, the husband wants both country club memberships.  It will be interesting to see how this is worked out since he is on the board of both and wishes to bring his girlfriend to both clubs.    The wife is furious.

If you have extensive assets, and want more information, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091.  Or click on the Firm’s web site at www.familylawwpb.com.