Nancy Smith Schroll, Former Wife v. Stephen B. Schroll, Former Husband

227 So. 3d 232, 2017 Fla. App. LEXIS 14024, 2017 WL 4448524
CourtDistrict Court of Appeal of Florida
DecidedOctober 6, 2017
DocketCASE NO. 1D16-3590
StatusPublished
Cited by5 cases

This text of 227 So. 3d 232 (Nancy Smith Schroll, Former Wife v. Stephen B. Schroll, Former Husband) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nancy Smith Schroll, Former Wife v. Stephen B. Schroll, Former Husband, 227 So. 3d 232, 2017 Fla. App. LEXIS 14024, 2017 WL 4448524 (Fla. Ct. App. 2017).

Opinion

PER CURIAM.

This appeal and cross appeal .are taken from a final judgment of dissolution of marriage. The former wife, Nancy Smith Schroll, challenges the trial court’s failure to award her sufficient permanent periodic alimony and attorney’s fees and costs, The former husband, Stephen B. Schroll, attacks the trial court’s valuation and distribution of marital assets and liabilities. For the reasons,that follow, we reverse in part and remand for further proceedings. In all other respects, the judgment is affirmed.

I, Relevant Facts

After' thirty-two years of marriage, Ms. Schroll petitioned for dissolution of the parties’ marriage. The primary issues before the trial court were eqúitable distribution of the marital assets and liabilities, alimony, and attorney’s fees and costs. At the time of the dissolution of marriage, the parties had acquired slightly more than $2,000,000 in assets from profits generated by their business, Storkland, a retail store specializing in the sale of baby items. The parties’ assets consisted of the commercial building housing Storkland, the inventory of‘Storkland, multiple retirement and investment accounts, and various personalty.

Mr. Schroll was responsible for managing Storkland while Ms. Schroll would assist as a sales clerk. Mr.. Schroll claimed that Storldand’s sales had been steadily decreasing since 2012 due to competitioii from large chain stores and online retailers. He testified that during the pendency of the dissolution action, he used marital funds to pay for his and Ms. Schroll’s living expenses, the cost of both parties’ relocation, both parties’ temporary attorneys’ fees, new vehicles for both parties, and paying off the mortgage on the marital home before it was sold. He further testified that he gave significant funds to one mutual daughter for her wedding and another mutual daughter for her purchase, of a house.

The trial court entered a final judgment dissolving the parties’ marriage and setting forth the distribution of the parties’ assets. The court adopted Ms. Schroll’s proposed equitable distribution schedule, which valued the marital assets as of the date of filing. Ms. Schroll was awarded assets purportedly totaling $1,222,120, and Mr. Schroll was awarded assets worth $1,274,752. The parties’ marital liabilities were valued at $22,147 and attributed to Mr. Schroll. According to the equitable distribution schedule adopted by the court and incorporated into the final judgment,' the parties were each awarded $1,210,015 in assets.

The court further found that there was no dissipation or waste of marital assets by Mr. Schroll. The court noted that Ms. Schroll was awarded over $1,000,000 in assets in the equitable distribution and concluded, “Although the Respondent/Husband may have the ability to pay alimony, the Court does not believe' the Petitioner/Wife has a need for the same and denies the Petitioner/Wife’s request for alimony.” The court ordered both parties to pay their own attorneys’ fees and'costs.

Both parties moved for rehearing, raising each of the issues addressed in this opinion. The trial court subsequently entered an “Amendment to Final Judgment of Dissolution of Marriage,” ordering Mr. Schroll to pay nominal permanent alimony of $1.00 per month and vacating the equitable distribution schedule previously incorporated into the final judgment because it contained • “mathematical errors.” The court stated that all other provisions in the final judgment were to remain in full force and effect. The court adopted a new attached equitable distribution schedule, which indicated Ms. Schroll was awarded assets worth $1,231,633.50 and Mr. Schroll was awarded assets worth $1,253,780.50. The marital liabilities of $22,147 were again attributed to Mr. Schroll, which resulted , in both parties being awarded $1,231,633.50 in assets. This appeal and cross-appeal follow.

II. Equitable Distribution

We first turn to the challenges to the trial court’s equitable distribution scheme. A court’s rulings on equitable distribution are reviewed for abuse of discretion. Boutwell v. Adams, 920 So.2d 151, 153 (Fla. 1st DCA 2006). When distributing the marital assets and liabilities between parties, courts must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including the factors set 'forth in section 61.075(l)(a)-(j), Florida Statutes (2016). See Watson v. Watson, 124 So.3d 340, 342-43 (Fla. 1st DCA 2013). The date for determining the value of marital assets and the amount of marital liabilities is the date or dates as the court determines is “just and equitable under the circumstances.” § 61.075(7), Fla. Stat. (2016). Should it be necessary for the court to craft an unequal distribution, it must include findings to substantiate the disparity. Watson, 124 So.3d at 342.

A. Valuation of Money Market Accounts

Mr. Schroll argues the trial court erred when it valued the parties’ BBVA money market account and Vanguard brokerage account as of the filing date of the petition for dissolution, as those funds had been depleted for marital purposes from the date of filing, and there was no finding of intentional waste or dissipation of those assets by Mr. Schroll during the divorce proceedings. Based on the record before us, we agree.

This Court has previously held that “[slums that have been diminished during dissolution proceedings for purposes reasonably related to the marriage ... should not be included in an equitable distribution scheme unless there is evidence that one spouse intentionally dissipated the asset for his or her own benefit and for a purpose unrelated to the marriage.” Ballard v. Ballard, 158 So.3d 641, 642-43 (Fla. 1st DCA 2014) (citing Zvida v. Zvida, 103 So.3d 1052 (Fla. 4th DCA 2013)); see also Winder v. Winder, 152 So.3d 836, 838 (Fla. 1st DCA 2014) (trial court abused its discretion by .including dissipated funds in the equitable distribution scheme where “[t]he uncontradicted evidence shows that the dissipated funds were used to pay marital expenses while the dissolution was pending, including temporary support for the Wife”). To include dissipated assets in an equitable distribution scheme, the court must make a “specific finding that the dissipation resulted from intentional misconduct.” Bateh v. Bateh, 98 So.3d 750, 753 (Fla. 1st DCA 2012); see also Ballard, 158 So.3d at 643; Walker v. Walker, 85 So.3d 553, 555 (Fla. 1st DCA 2012).

Here, the unrefuted evidence shows that during the course of the dissolution proceedings below, Mr. Shroll used funds from the parties’ BBVA money market account and the Vanguard brokerage account to pay for the parties’ living expenses, including attorneys’ fees and costs, new vehicles for both parties, moving expenses, and paying off the mortgage on the former marital residence before it sold. By the time of the final hearing, the funds in the BBVA account had been exhausted. The Vanguard account had been reduced from $451,146, as of the date of filing, to $381,220, around the time of the final hearing. Yet, the court valued these accounts as of the date the petition for dissolution was filed. Because the court did not find any misconduct by Mr. Schroll in the dissipation of these two assets, it was an abuse of discretion to value these accounts as of the date of filing.

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Cite This Page — Counsel Stack

Bluebook (online)
227 So. 3d 232, 2017 Fla. App. LEXIS 14024, 2017 WL 4448524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nancy-smith-schroll-former-wife-v-stephen-b-schroll-former-husband-fladistctapp-2017.