Could a Delayed Divorce Cost You More? What a New Florida Supreme Court Decision Means for Florida Families

Divorce is rarely quick or simple. While many families hope to resolve their case within a few months, the reality is that some divorces take much longer. Assets need to be valued, financial records exchanged, and sometimes the court's own schedule can add months to the process.

A recent Florida Supreme Court decision highlights an important reality: time itself can have financial consequences.

What did the Florida Supreme Court decide?

In Stewart v. Vindel, the Florida Supreme Court held that judges may award prejudgment interest on equitable distribution awards in certain divorce cases.

That doesn't mean every spouse will receive interest.

Instead, the Court recognized that when one spouse has been deprived of the use of marital assets during a lengthy divorce, a judge has the discretion to consider whether awarding interest is necessary to reach an equitable result.

Said another way, fairness isn't just about who receives an asset; it can also involve when they receive it.

Why do divorce cases take so long?

Many people assume delays happen because one spouse is intentionally dragging out the process. While that can happen, it is often not the whole story.

Some common reasons include:

• Waiting for financial documents to be exchanged. This is oftentimes a voluminous process, and both sides often request extensions.

• Business or property valuations.

• Retirement account evaluations. This can get complicated, especially if there are pre-marital components.

• Court scheduling and limited hearing availability.

• Mediation and settlement negotiations.

• Temporary issues involving children or support.

• Health concerns or other unforeseen life events.

Often, delays result from several of the above factors occurring simultaneously.

Why does timing matter?

Imagine a couple owns a home with a lot of equity, investment accounts, or other valuable assets. If the divorce takes several years to resolve, one spouse may have had exclusive use of those assets while the other has been unable to benefit from them. The Supreme Court's recent decision recognizes that, in some cases, judges may consider that lost time when determining what is fair.

Again, this is not automatic and will depend on the facts of each case.

How can an attorney help?

No attorney can eliminate every delay, as some aspects of the legal process are simply outside anyone's control. However, experienced legal counsel can often prevent unnecessary delays by:

• Ensuring financial disclosures are completed accurately and on time.

• Moving discovery forward as promptly as possible.

• Identifying issues before they become larger disputes.

• Encouraging settlement discussions in a timely manner.

• Keeping the case moving through each stage of the litigation process.

Just as importantly, your attorney can advise you when patience will serve your interests and when action is needed to protect your rights.

The takeaway

Every divorce is different, and there is no one-size-fits-all timeline. Some cases resolve in a few months, while others require additional time because of complex financial or parenting issues.

The Florida Supreme Court's recent decision is a reminder that delays can sometimes have financial consequences, but courts now have another tool available when considering what is fair under the circumstances.

If you are considering divorce or are already involved in a family law case, understanding your rights throughout the process is just as important as understanding the final outcome.

At The Law Office of Kristen Bishop Ames, we work hard to guide clients through each stage of the divorce process with compassion, preparation, and experiened advice. While not every delay can be avoided, having knowledagable legal counsel can help keep your case moving forward to ensure your interests are protected every step of the way.

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