ROBERT ACOSTA, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Winder v. Dian A. Winder, 152 So. 3d 836 (Fla. 1st DCA 2014)
  …intentional misconduct based on evidence showing that the marital funds were used for one party’s ‘own benefit and for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown.’ ” Belford v. Belford, 51 So. 3d 1259, 1260-61 (Fla. 2d DCA 2011) (quoting Roth v. Roth, 973 So. 2d 580, 585 (Fla. 2d DCA 2008)). “Misconduct is not shown by ‘mismanagement or simple squandering of marital assets in a manner of which the other spouse disapproves.’"” Id. (quoting Roth, 9…
• Walker v. Walker, 85 So. 3d 553 (Fla. 1st DCA 2012)
  …intentional misconduct based on evidence showing that the marital funds were used for one party’s ‘own benefit and for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown.’ ” Belford v. Belford, 51 So. 3d 1259, 1260-61 (Fla. 2d DCA 2011) (quoting Roth v. Roth, 973 So. 2d 580, 585 (Fla. 2d DCA 2008)). “Misconduct is not shown by ‘mismanagement or simple squandering of marital assets in a manner of which the other spouse disapproves.’ ” Id. (quoting Roth, 9…
• David v. David, 58 So. 3d 336 (Fla. 5th DCA 2011)
  …ilities equally or to make findings of fact justifying an unequal distribution. Our courts have approved unequal distribution when the evidence establishes misconduct, such as intentional waste or depletion of marital assets. See Belford v. Belford, 51 So. 3d 1259 (Fla. 2d DCA 2011); Santiago v. Santiago, 51 So. 3d 637 (Fla. 2d DCA 2011); Jonsson v. Jonsson, 715 So. 2d 1064 (Fla. 5th DCA 1998). However, disparate earning abilities cannot, without more, justify unequal distribution of marital assets and liabil…