Locked Out of Marital Assets? What the Florida Supreme Court’s 2026 Ruling Means for Broward County Divorces

Your divorce was supposed to wrap up in a few months. Instead, the case has dragged on for years, your spouse still controls the investment accounts, and you can’t touch your share of what you built together.

The Florida Supreme Court recently addressed exactly that frustration. Our experienced Fort Lauderdale divorce lawyer explains what the ruling says, what it leaves open, and how it could affect your Broward County case.

What the Florida Supreme Court Decided About Interest on Property Division

In a July 9, 2026 opinion (Case No. SC2024-0428), the court held that trial judges may award prejudgment interest when dividing marital property. In plain terms, a spouse who waited a long time for a share of the assets may be compensated for that wait.

The court based its decision on Section 61.075 of the Florida Statutes, which allows judges to use any remedy available to do equity between spouses, in addition to the factors the statute lists. The ruling also settled a conflict among the district courts. The First District had said interest was never allowed, while other districts had permitted it.

Two limits matter:

• It’s discretionary. The court stressed that no spouse is automatically entitled to interest.
• Facts drive the outcome. The court pointed to a spouse who is deprived of significant marital property while the case is pending as an example of when interest could fit.

One justice dissented, reasoning that the Legislature addressed interest only for installment payments after judgment under Section 61.075(10)(b).

When Could a Broward County Judge Award Interest?

The underlying case began with a 2018 petition, and the property issues weren’t resolved until 2022. The trial judge denied interest, reasoning that the delays were largely pandemic-related. The Third District found that explanation lacked evidentiary support, and the Supreme Court sent the question back for a fresh look.

Facts that may support a request include:

• One spouse had sole control of joint accounts, investments, or business income during the case.
• Years passed between the valuation of the assets and the final distribution.
• The other spouse asked for early access, including an interim partial distribution under Section 61.075(5).
• The record clearly shows why the case took so long and who had the use of the money in the meantime.

If you’re the spouse holding the assets, the ruling matters to you as well. Interest can add to what you owe, so settlement talks should account for it from the start.

Either way, documentation is your best friend. Keep account statements, written requests for access, and correspondence about delays.

Waiting on Your Share? Contact Our Experienced Fort Lauderdale Marital Asset Division Lawyer

Delays can cost real money, and Florida law now gives judges another tool to address them. At Vanessa L. Prieto Law Offices, we protect clients throughout Broward County, and our experienced Fort Lauderdale marital asset division lawyers can evaluate whether interest belongs in your case. Contact us today to request a consultation.

Source:

https://acis-api.flcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/24110093-a705-4a42-87c1-35f8d2f5e29b/docketentrydocuments/32669d26-79bb-4c54-9417-fe1843937988