The Florida Supreme Court ruled 4-1 this week in Stewart v. Vindel that trial courts have statutory authority to award prejudgment interest when equitably dividing marital property. The decision, reported by the Tampa Free Press, resolves a lower-court conflict and matters most to Florida divorces with long gaps between the valuation date and the final split.
Key Facts
| Item | Detail |
|---|---|
| What happened | Florida Supreme Court held trial courts may award prejudgment interest in equitable distribution |
| When | Decided this week (2026); underlying case filed 2018, property split 2022 |
| Where | Florida (statewide precedent); case returns to Miami-Dade Circuit Court |
| Who's affected | Divorcing spouses with a delay between asset valuation and final judgment |
| Case | Scott Stewart v. Mishelle Perdomo Vindel |
| Key statute | Fla. Stat. § 61.075 (equitable distribution) |
| Impact | Interest awards are discretionary, not automatic; corrects a conflict with the First DCA |
Why this matters legally
This ruling changes how Florida courts can compensate a spouse who waits years to receive their share of marital property. The Court held that a trial judge has the statutory discretion to add prejudgment interest to an equitable distribution award, treating the delayed payout as money owed from an earlier valuation date. In the Stewart case, four years passed between the 2018 filing-date valuation and the 2022 property division, meaning one spouse effectively used or held assets that legally belonged, in part, to the other.
The decision resolves a direct conflict. The First District Court of Appeal had previously banned prejudgment interest in equitable distribution, while other courts allowed it. By ruling 4-1, the Florida Supreme Court settled the split and created a uniform statewide rule. Critically, the Court framed these awards as discretionary, not automatic. A judge may award interest to prevent unjust enrichment, but nothing compels it in every case with a timing gap.
How Florida law handles this
Florida law requires courts to divide marital assets and liabilities equitably, which begins from a presumption of a 50/50 split under Fla. Stat. § 61.075. That statute directs the court to identify, value, and distribute marital property, and it permits adjustments based on statutory factors including each spouse's economic circumstances and any intentional dissipation of assets. The valuation date is often the date the petition is filed, which is why long-running cases create timing problems.
The gap between valuation and distribution is where prejudgment interest now operates. When a spouse retains control of an asset valued in 2018 but does not pay out the other spouse's share until 2022, the receiving spouse has lost years of potential earnings or use of that money. Florida's statutory interest rate, set quarterly by the Chief Financial Officer under Fla. Stat. § 55.03, has ranged from roughly 4.75% to over 12% annually in recent years. Applied across a four-year delay, interest can add tens of thousands of dollars to an award on a substantial marital estate.
The Supreme Court sent Stewart v. Vindel back to the Miami-Dade Circuit Court to reconsider the distribution in light of this authority. The trial court will now decide whether interest is warranted on the specific facts and, if so, how much. This remand illustrates the discretionary nature of the ruling: the Supreme Court granted the power, but the trial judge exercises it.
Practical takeaways
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Track your valuation date carefully. Florida typically values marital assets as of the petition filing date under Fla. Stat. § 61.075. If your case involves a multi-year delay, document when assets were valued and when they were actually distributed, because that gap is now the basis for a potential interest claim.
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Calculate the potential interest exposure. Florida's statutory rate under Fla. Stat. § 55.03 changes quarterly and has exceeded 12% in some periods. On a delayed six-figure payout, interest across several years can materially change the final award. Ask your attorney to run the numbers for your specific timeline.
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Raise the issue affirmatively if you are the receiving spouse. Because these awards are discretionary rather than automatic, a judge is more likely to consider interest if a party requests it and supports the request with evidence of the delay and its financial impact.
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Anticipate the argument if you control the assets. A spouse who retained a business, brokerage account, or real estate during a lengthy case should prepare for a prejudgment interest claim and be ready to address whether the delay was unavoidable or strategic.
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Understand this is a Florida rule. Stewart v. Vindel is binding statewide in Florida but does not govern divorces in other states. If your case is in another jurisdiction, prejudgment interest in property division follows that state's own statutes and case law.
If you are navigating a Florida divorce with a long timeline or a complex marital estate, this decision may directly affect how much you ultimately receive or owe. A Florida family law attorney can evaluate whether prejudgment interest applies to your valuation gap and help you present or defend against such a claim. You can also explore our Florida statutes overview and equitable distribution resources to understand the framework before your next hearing.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.