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What Can You Do if Your Spouse Refuses to Give You Your Stimulus Check During Your Orlando, Florida Area Divorce?

What can you do if your spouse refuses to give you your stimulus check during your Orlando, Florida area divorce? First, what was the date you filed your divorce? Under Florida Statutes 61.075 Equitable Distribution, the date of valuation of your assets and debts is the date of filing your petition for dissolution of marriage, unless you had a legal separation agreement. In most dissolution cases that occur, most people do not have a legal separation agreement. Therefore, the date of filing is used for the date of valuation of assets and debts. 

If you or your spouse filed the petition for dissolution of marriage prior to the government issuing the stimulus check, then the check is your asset because the date of filing was prior to the government issuing the check. Therefore, your spouse should immediately give you the check. If he/she refuses to do so, he/she owes you that amount of money. If he/she has an attorney, then you, should contact your spouse’s attorney regarding your spouse immediately returning your stimulus check. You want to do this in writing and keep a written paper trail of your request for the return of your stimulus check and your spouse’s written refusal to return this check, or a copy of the check, if the spouse returns to check to you. This paper trail could be admitted at trial.  

However, if you were married at the time the stimulus check was issued, and the check came after you filed for dissolution of marriage, then your check is a marital asset. Your spouse’s check is also a marital asset under that situation. You should ask your spouse to return your check to you in exchange for you agreeing that your spouse keep their check. That is assuming the checks are of equal value. If they are not of equal value, then you and your spouse are each entitled to half the total amount of the two stimulus checks. You and your spouse could record your agreement in writing, that you each keep your own stimulus check, or half the amount of the total of both stimulus checks. However, if your spouse refuses to give you your stimulus check or half the total of the two stimulus checks,  then, your spouse would be credited with keeping that amount of monies in his/her asset column in equitable distribution. You should request the return of your stimulus check or half the total of the two stimulus checks in writing and save this writing along with your spouse’s written response. That way, you are building a paper trail for your case, in the event you must go to court. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege