ROTHENBERG, J.
Gary Robert Gromet ("the husband") appeals from the final judgment dissolving his marriage to Kirsten Lisbeth Jensen ("the wife"). Because the trial court erred by treating the husband's accounts as marital assets subject to equitable distribution, we reverse the equitable distribution portion of the final judgment and remand for entry of a final judgment consistent with this opinion.
After seventeen years of marriage, the parties, who were both retired, separated when the wife moved out of the marital home. The wife petitioned to dissolve the marriage and requested that the trial court partition the marital home and equitably distribute their marital assets and liabilities after setting aside each party's nonmarital assets. The wife did not seek alimony.
At the hearing, the husband expressed his desire to remain in the marital home. The wife agreed to not pursue her request to partition the marital home if the husband was ordered to buy out her interest. In addition to the marital home, the wife had three accounts titled in her name — an IRA account and two Schwab accounts — that were opened during the marriage and funded with marital assets. It was undisputed that the wife's three accounts were marital assets subject to equitable distribution and that the value of the wife's three retirement accounts totaled $163,559.55.
The primary contention at the hearing was whether the husband's three accounts — an Interactive Brokers account, a Schwab IRA account, and a Schwab One account — were marital or nonmarital assets. The evidence at trial showed that the Schwab IRA account was opened prior to the marriage, whereas the Schwab One account and Interactive Brokers account were opened during the marriage. However, it was undisputed that all three accounts were entirely funded with $400,000 the husband inherited from his mother in 1999.
As to the husband's three accounts, the wife testified that the husband placed his entire inheritance "in his brokerage account," but failed to clarify which account she was referring to.
Although the wife conceded that the husband's three accounts contained funds solely from his inheritance, she asserted that all or a portion of the accounts lost their character as nonmarital assets based
The husband conceded that he used marital efforts to manage his accounts, but testified that the accounts actually decreased in value due to trading losses and because he used funds from an account to maintain the household. Thus, the husband argued that because his marital efforts did not result in an enhancement in value of his three accounts, the entire accounts remained nonmarital. Next, the husband testified that he deposited the $1100 from the liquidation of the marital business into the parties' marital account at Bank of America,
Following the hearing, the trial court entered its final judgment of dissolution of marriage. As agreed to by the parties, the trial court awarded the marital home to the husband. Further, the trial court awarded the wife her three retirement accounts and awarded the husband his three accounts. The trial court found that all six accounts were marital assets subject to equitable distribution. In concluding that the husband's accounts were marital assets, the trial court made the following determinations: (1) the parties do not dispute that the husband's investment accounts were entirely funded during the marriage with the husband's inheritance; (2) the husband solely and actively managed his accounts; (3) the value of the Interactive Brokers account fluctuated over the years and, at times, decreased considerably, but due to the husband's marital labor and effort, the account had increased in value by the time the petition for dissolution of marriage was filed; (4) marital funds — $1100 from the liquidation of the marital business — were deposited into/commingled with the husband's Interactive Brokers accounts
After considering the equity in the marital home ($265,000), the value of the husband's investment accounts ($203,913.12), and the value of the wife's retirement accounts ($163,559.55), the trial court ordered the husband to pay the wife $152,676.79 as a cash equalizer. The trial court denied the husband's motion to set aside the final judgment, and the husband's appeal followed.
The husband contends that the trial court erred by classifying his three accounts
A trial court's determination that an asset is marital or nonmarital involves mixed questions of law and fact. Although we defer to the trial court's factual findings if they are supported by competent, substantial evidence, we review the trial court's legal conclusions de novo. Valladares v. Junco-Valladares, 30 So.3d 519, 523 (Fla. 3d DCA 2010); Puskar v. Puskar, 29 So.3d 1201, 1201 (Fla. 1st DCA 2010).
When the husband initially funded his accounts, the accounts were nonmarital assets because they were exclusively funded with the husband's inheritance from his mother. See § 61.075(6)(b)2., Fla. Stat. (2014) (providing that nonmarital assets include "[a]ssets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and asset acquired in exchange for such assets"). We address the trial court's determination that the husband's accounts or portion of the accounts lost their character as nonmarital assets because marital funds were deposited into or commingled with the husband's accounts and/or the accounts increased in value due to the husband's marital efforts and labor in actively managing these accounts.
"Nonmarital assets may lose their nonmarital character and become marital assets where ... they have been commingled with marital assets. This is especially true with respect to money because `[m]oney is fungible, and once commingled it loses its separate character.'" Dravis v. Dravis, 170 So.3d 849, 851 (Fla. 2d DCA 2015) (quoting Pfrengle v. Pfrengle, 976 So.2d 1134, 1136 (Fla. 2d DCA 2008)) (citation omitted); see also Crockett v. Crockett, 708 So.2d 329, 330 (Fla. 1st DCA 1998) (holding that nonmarital funds "lost any arguable separate identity when the wife commingled them with her overtime earnings made during the marriage").
In the instant case, the wife asserted that funds ($1100) from the liquidation of a marital business were deposited into the husband's "brokerage account," and therefore, the husband's three accounts were transformed into marital accounts. At the hearing, the wife did not suggest that portions of the $1100 were deposited into each of the husband's three accounts, but only that the entire $1100 was deposited into the husband's "brokerage account." Therefore, the trial court's finding that marital funds were deposited into the Interactive Brokers account
Although we have concluded that there was no substantial, competent evidence to support the claim that portions of the $1100 were deposited into each of the husband's three accounts, we must still address whether the wife presented competent, substantial evidence that the $1100 was deposited in any of the accounts, and if so, which specific account. As stated earlier, the wife merely testified that the $1100 was deposited into the husband's "brokerage account." The wife did not specify whether her reference to the "brokerage account" was to the husband's Interactive Brokers account, Schwab IRA account, or Schwab One account. We do
Importantly, with regard to whether the wife presented competent, substantial evidence as to whether the husband deposited the $1100 into any of his nonmarital accounts, the record reflects that it was undisputed that the wife had no access to the business account or any of the husband's three accounts and she had no specific knowledge as to the husband's management of these accounts. Because the wife failed to introduce any evidence to support her vague statement that the $1100 was deposited into one of the husband's unspecified nonmarital accounts, there was no competent, substantial evidence as to where the marital funds were allegedly deposited. Accordingly, we reverse the portion of the final judgment finding that the husband's three accounts lost their character as nonmarital assets due to commingling.
Section 61.075(6)(a)1.b., Florida Statutes (2014), provides that marital assets includes "[t]he enhancement in value and appreciation of nonmarital assets resulting... from the efforts of either party during the marriage." See Eager v. Eager, 696 So.2d 1235, 1236 (Fla. 3d DCA 1997) (providing that "the enhancement in value of a non-marital asset due to marital labor or effort is a [marital] asset subject to equitable distribution"). As the wife was the party asserting that the husband's marital efforts enhanced the value of his nonmarital accounts, the burden of proof was on the wife to establish: (1) the husband actively managed his accounts during the marriage; (2) as a result of the husband's marital efforts, his accounts
In the instant case, the trial court's finding that the husband actively managed his accounts is supported by competent, substantial evidence. However, the trial court's finding that the accounts had increased in value by the time the petition for dissolution of marriage was filed is not supported by competent, substantial evidence. The record actually reflects that the husband's accounts had
Based on our determination that the wife failed to establish that marital funds were commingled with the husband's accounts or that the husband's accounts increased in value as a result of the husband's marital labor, we reverse the portion of the final judgment finding that the husband's accounts are marital assets and remand for entry of a final judgment consistent with this opinion, including a recalculation of the cash equalizer due to the wife from the husband.
We decline to separately address the remaining issues raised by the husband as we find no error and because these issues do not merit discussion.
Affirmed in part, reversed in part, and remanded.