ROBERT J. CONCHIGLIA
v.
JENNIFER A. CONCHIGLIA
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A trial court cannot assign a dissipated asset to a party in equitable distribution without evidence of intentional misconduct resulting in the dissipation.
[1] In equitable distribution of marital assets, a trial court may not assign a dissipated asset to a party without evidence establishing that the party engaged in intentiona…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To include a dissipated asset in the equitable distribution scheme, the evidence must establish that a party engaged in intentional misconduct that resulted in the dissipation of the marital asset.”
Court citing Roth v. Roth, 312 So. 3d 1021, 1026 (Fla. 2d DCA 2021) to establish the standard for dissipation in equitable distribution.
In a dissolution of marriage action, the trial court awarded shared parental responsibility and divided marital assets, including assigning a $150,000…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2024-3011 LT Case No. 2021-DR-008023-FM
ROBERT J. CONCHIGLIA, Appellant,
V.
JENNIFER A. CONCHIGLIA, Appellee.
On appeal from the Circuit Court for Duval County. John Ingle Guy, Judge.
Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, for Appellant.
Rebecca Bowen Creed, of Creed & Gowdy, P.A., Jacksonville, for Appellee.
June 12, 2026
PER CURIAM.
Robert J. Conchiglia (“Husband”), appeals the Amended Final Judgment of Dissolution of Marriage from Jennifer A. Conchiglia ("Wife"). Among other things, the Amended Final Judgment awarded shared parental responsibility and divided the parties' marital assets. Husband appeals the unequal distribution of the parties' assets, raising several issues related to asset allocation.
We reverse only as to the assignment of $150,000 to Husband for the July 2020 Benjamin Tech investment. Specifically, we reverse because there was no evidence of “intentional dissipation, waste, depletion, or destruction” by Husband as to that investment. See § 61.075(1)(i), Fla. Stat. (2024); Roth v. Roth, 312 So. 3d 1021, 1026 (Fla. 2d DCA 2021) (“To include a dissipated asset in the equitable distribution scheme, the evidence must establish that a party engaged in intentional misconduct that resulted in the dissipation of the marital asset.").
Accordingly, we “remand for reconsideration of the equitable distribution scheme" based on the erroneous assignment to Husband of the Benjamin Tech asset. Niederkohr v. Kuselias, 301 So. 3d 1112, 1113–14 (Fla. 5th DCA 2020).
AFFIRMED IN PART; REVERSED IN PART; and REMANDED.
JAY, C.J., and EISNAUGLE and BOATWRIGHT, JJ., concur.