Sometimes, if you possess substantial assets, you may find yourself in a situation in which personal affairs and business affairs overlap. For example, what happens if you discover that the spouse whom you are in the process of divorcing has improperly taken funds from your accounts? Must you litigate these issues in the divorce, or can you bring a separate civil lawsuit? If you find yourself facing a circumstance like this, you should be certain to contact knowledgeable Florida divorce counsel in order to get the answers you need to protect yourself and your business.
The questions in the preceding paragraph were central to a recent case originating in Palm Beach County. In that Palm Beach case, the husband held several substantial assets that, according to the husband, the wife improperly re-directed to herself and her mother. According to the husband’s lawsuit for breach of contract and tortious interference with a business relationship, the wife’s misconduct caused the husband to be rejected for a mortgage on a $2.5 million house.
At the same time that the husband was attempting to proceed with his tortious interference and breach of contract case, he also had filed a petition for divorce. The trial court in the husband’s contract case concluded that the contract lawsuit must be dismissed. Whatever misconduct the wife did or did not commit, she did it during the marriage, which meant that the divorce case was the one and only proper place to litigate those issues, according to the trial judge.