Scott Aron Stewart v. Mishelle Addys Perdomo Vindel
The Florida Supreme Court resolved a district conflict and held that a trial court has discretionary statutory authority under section 61.075 to award prejudgment interest as a means of achieving equity in the distribution of marital property. Such interest is one of the 'other remedies available to a court to do equity between the parties,' though it is discretionary and not a matter of entitlement; the Court approved the Third District and disapproved the First District's contrary Iarussi decision.
Key facts
- Scott Stewart petitioned to dissolve his marriage in 2018; the marriage was dissolved nine months later, but equitable-distribution issues were not resolved until 2022, with marital property valued as of the petition date.
- The former wife sought prejudgment interest on her share of the marital assets from the date the dissolution petition was filed to the date of distribution; the trial court denied it, reasoning it would be inequitable to charge the former husband for pandemic-related delays.
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Holdings
- Section 61.075's authorization of remedies 'in addition to all other remedies available to a court to do equity between the parties' encompasses the power to award prejudgment interest in…
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Why it matters
This decision settles a longstanding split by confirming statewide that Florida trial courts may award prejudgment interest in equitable distribution, disapproving Iarussi. It is significant for family-law and damages… — full analysis with a trial
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