What Is A Status Quo Order In A Florida Divorce?
“Status quo” is a Latin phrase meaning “the current situation.” In the context of personal finance, self-help, and politics, people talk about the status quo as though it is something that you can and should change. The status quo is a rut or an outdated mindset that is holding you back from achieving your personal goals or is holding society as a whole back from justice and prosperity. In a divorce case, however, the status quo is the couple’s financial situation at the time of the divorce filing. The court must get an accurate representation of the status quo in order to distribute marital assets and debts equitably, as the law requires. You should not make any major changes to your financial situation while your divorce is pending. It can be frustrating to delay applying for a new car loan or moving to a different county until after your divorce is final, especially if your divorce case seems to be dragging on and on, but making major purchases or taking on new debt before you are legally single will make it take even longer to finalize your divorce. A Boca Raton divorce lawyer can answer your questions about status quo orders and other matters related to divorce laws.
What Does It Mean When the Divorce Court Issues a Status Quo Order?
In almost every divorce case in Florida, the court issues a status quo order when a couple files for divorce. The terms of a status quo order are so obvious that it would never even cross most people’s minds not to follow them. The order states that, until the divorce becomes final, the couple must maintain the status quo regarding marital finances. This means that they cannot do the following things without permission from the court and the other spouse:
- Sell marital assets
- Take on new debts
- Transfer ownership of marital assets to another person
- Relocate out of the state or county where the divorce was filed
If your spouse tries to do these things, you can petition the court to enforce the status quo order.
Selling the Marital Home While You Are Still Living in It Is a Clear Violation of the Status Quo Order
Disputes related to status quo orders most often arise in high net worth divorces that seem destined to go to trial. For example, real estate developer Alex Sapir and his wife Yanina filed for divorce last year, and the court granted her exclusive possession of the couple’s Miami Beach mansion while the divorce case is pending. One day, when Yanina wasn’t home, Alex invited a real estate agent to show the house to a prospective buyer. Therefore, Yanina filed a motion to enforce the status quo order.
Contact Schwartz | White About Status Quo Orders and Florida Divorce
A South Florida family law attorney can help you cope if your spouse is trying to sell or otherwise tamper with your marital property while your divorce is pending. Contact Schwartz | White in Boca Raton, Florida about your case.