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The Florida Statutes

The 2021 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
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F.S. 736.1508
736.1508 Dissolution of marriage.
(1) Upon the dissolution of the marriage of the settlor spouses, the community property trust shall terminate and the trustee shall distribute one-half of the trust assets to each spouse in accordance with subsection (3). For purposes of this act, s. 61.075 does not apply to the disposition of the assets and liabilities held in a community property trust.
(2) The initiation of an action to dissolve the settlor spouses’ marriage does not automatically terminate the community property trust unless otherwise agreed to by the settlor spouses in writing or otherwise ordered by the court having jurisdiction over the dissolution proceedings between the settlor spouses. However, if an action to dissolve the settlor spouses’ marriage remains pending for 180 days, the trust automatically terminates and the trustee must distribute one-half of the trust assets to each spouse in accordance with subsection (3), unless any of the following apply:
(a) A settlor spouse objects to the termination within 180 days following the filing of the dissolution action. At which time, either party may request that the court having jurisdiction over the dissolution proceedings between the settlor spouses determine if good cause exists to terminate the community property trust during the pendency of the dissolution of marriage action.
(b) The court having jurisdiction over the dissolution proceedings between the settlor spouses enters an order directing otherwise.
(c) The settlor spouses otherwise agree, in writing, while the dissolution of marriage action is pending.
(d) The community property trust agreement provides otherwise.
(3) Unless provided otherwise in the community property trust agreement, the trustee has the power to distribute assets of the trust in divided or undivided interests and to adjust resulting differences in valuation. A distribution in kind may be made on the basis of a non-pro rata division of the aggregate value of the trust assets, on the basis of a pro rata division of each individual asset, or by using both methods. A trustee may not distribute real property or business interests in a manner that would leave the settlor spouses as co-owners of such assets post dissolution of the settlor spouses’ marriage or termination of the community property trust, unless otherwise agreed to by the settlor spouses in a separate written agreement executed during the dissolution of marriage action. Notwithstanding any other provision of this section, the community property trust agreement cannot be terminated, and the assets cannot be distributed, in a manner that could cause the trust assets to not be treated as community property.
(4) The court having jurisdiction over the dissolution proceedings between the settlor spouses has personal and subject matter jurisdiction over the settlor spouses and the trustee of the community property trust for the purpose of effectuating the distribution of the community property trust assets consistent with the terms of the community property trust agreement, in a manner ensuring that the trust assets retain their community property character.
History.s. 36, ch. 2021-183.