Jones v. Jones

Order affirming unequal distribution in order to compensate Wife for funds Husband wasted on prostitutes, and affirming discount to value of promissory note between mother and son in a divorce case.

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In this divorce case, the Husband claimed a promissory note he executed in favor of his mother was a marital debt, and that the Wife, even though she had not signed it, was thus liable for its repayment as any other marital debt. The Wife said she knew nothing about the existence of the note until the divorce. The trial judge stated that he considered it to be a valid marital debt, but one that the mother would probably never insist be actually repaid. Thus, he discounted its value by half. This ruling was affirmed on appeal.

In addition, although it's not obvious from reading the opinion, the trial judge ruled that the Wife had presented "overwhelming" circumstantial evidence that the Husband had spent nearly $80,000 on prostitutes. The trial judge thus ordered an unequal distribution of the marital assets, in order to compensate the Wife for this wasting of marital assets. This ruling was also affirmed on appeal.

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Reference Info:Decision | State, 11th Circuit, Florida | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Cynthia Stump Swanson, P.A. | Attorney Advertising

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