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S&E Contractors, Inc. v. City of Tampa

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Opinion
629 So. 2d 883 · District Court of Appeal of Florida · Nov 10, 1993
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Parentheticals
reversing award of dissipated asset when no evidence contradicted the wife's testimony that she expended the funds in her IRA for support during the dissolution proceedings
rejecting husband’s claim that he was automatically entitled to full credit for mortgage payments he made during the separation
denying such credits where "the marital assets were acquired largely on the strength of the husband's income, which provided the cash flow to meet the mortgage payments and expenses"
reversing award of dissipated asset when no evidence contradicted the wife’s testimony that she expended the funds in her IRA for support during the dissolution proceedings
reversing credit to husband for mortgage payments made during the period between separation and dissolution because “the marital assets were acquired largely on the strength of the husband’s income, which provided the cash flow to meet the mortgage payments and expenses”
"If during the pre-dissolution period the expenses are allocated equally, where one spouse has the ability to pay and the other does not, the net effect can be to invade the asset share of the low-income spouse."