Legal Question in Family Law in Florida

I'm divorcing my wife of 21 years because of her worsening and untreated mental health issues (obsessive-compulsive disorder, paranoid schizophrenia and personality disorder). She has a history of physical abuse and I currently have a permanent protection from abuse injunction in place as well as full custody of our 15-year-old son. During the course of our marriage, I earned approximately $2.5 million but do not have a single penny of it because of her compulsive spending and expenses related to her OCD (daily cleaning woman, household cleaners, etc.). The only thing of value beyond common household furnishings is a collection of cross stitch patterns and supplies valued at approximately $150,000. My wife's elderly parents, from whom she has stolen hundreds of thousands of dollars (her father is a cardiologist) over the years, refuse to understand and accept that their daughter is very, very sick and instead continue enabling her by supplying support and funds, which she has used to hire a gutter rat of an attorney (sorry, guys, I'm just calling it like I see it) who is trying to threaten me into not selling the cross stitch collection by claiming that all of it resulted from "gifts" by her parents. What I'd like to confirm is that, regardless of the origin of the cross stitch (it was equally acquired through money I gave her and money she mostly stole from her parents), it is considered a joint marital asset since no documents specifically titling it to her exist and that, like an IRA I might have, can be divested with the proceeds equally divided. Am I missing anything here?

Asked on 6/15/15, 9:13 pm

1 Answer from Attorneys

John Smitten Carey and Leisure

It is a marital asset.

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Answered on 6/16/15, 6:27 pm

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