On July 9, 2026, the Florida Supreme Court ruled in Stewart v. Vindel that trial judges have discretionary authority to award prejudgment interest when dividing marital property, even though Fla. Stat. § 61.075 never uses that phrase. The decision resolves a conflict between two appellate districts and expands remedies for spouses locked out of joint assets during long divorces.
Key Facts
| Item | Detail |
|---|---|
| What happened | Florida Supreme Court held that trial courts may award prejudgment interest to achieve an equitable division of marital property |
| When | Decided July 9, 2026 |
| Where | Supreme Court of Florida (statewide precedent) |
| Who's affected | Divorcing Floridians, especially spouses denied access to joint assets during litigation |
| Key statute/rule | Fla. Stat. § 61.075 (equitable distribution) |
| Impact | Resolves a First DCA / Third DCA split; gives judges a new discretionary tool to offset a spouse's lost use of marital funds |
Why this matters legally
This ruling gives Florida trial judges a new, statewide tool to compensate a spouse who was shut out of marital assets during a divorce. Before Stewart v. Vindel, Florida appellate courts disagreed about whether the equitable distribution statute permitted prejudgment interest at all. The First District Court of Appeal and the Third District had reached opposite conclusions, meaning your rights depended on which region of Florida heard your case. The Supreme Court eliminated that geographic lottery.
The core holding is straightforward: because Fla. Stat. § 61.075 directs courts to divide marital property equitably, judges have inherent discretion to use interest as one mechanism to reach that fairness — even though the statute never says "prejudgment interest" in those words. The Court reasoned that equitable distribution is about substance, not magic words. When one spouse enjoys the exclusive use of joint funds for years, the other spouse loses the time value of that money, and interest can restore the balance.
How Florida law handles this
Florida is an equitable distribution state, which means marital assets are divided fairly — not automatically 50/50 — under Fla. Stat. § 61.075. The statute lists factors judges weigh, including each spouse's contribution to the marriage, the economic circumstances of each party, and any intentional dissipation of marital assets. Stewart v. Vindel confirms that a judge's toolkit under this statute is broad enough to include prejudgment interest as an equalizing device.
The facts driving the decision matter. According to the Tampa Free Press report, one spouse was effectively locked out of joint accounts during a property dispute that stretched roughly four years. Over that period, the spouse controlling the accounts benefited from the funds while the other received nothing. The Supreme Court sided with the locked-out spouse, holding that a trial court could award interest on that spouse's share to account for the lost use of money.
This fits within Florida's broader equitable distribution framework. The equitable distribution date — the point at which marital assets are valued — is set under Fla. Stat. § 61.075(7). In long-running cases, months or years can pass between that valuation date and the final judgment. During that gap, a spouse holding the assets may earn returns, spend the money, or simply deny the other spouse access. Prejudgment interest now gives judges a recognized way to neutralize that advantage. Understanding how courts approach property division is essential for anyone facing a contested divorce in Florida.
Importantly, the ruling is discretionary, not mandatory. A Florida judge is not required to award prejudgment interest in every case. The decision to award it — and the amount — depends on the specific facts, the length of the delay, and whether one spouse gained an unfair economic benefit. This distinction between discretionary and automatic relief is central to how the new rule will play out in practice.
Practical takeaways
-
Document when you lose access to joint assets. If your spouse freezes you out of shared bank accounts, retirement funds, or investment accounts, record the date and the balances. Stewart v. Vindel makes that timeline directly relevant to a potential prejudgment interest award, so contemporaneous records strengthen your position.
-
Track the value of assets over time, not just at filing. Because interest is tied to the lost use of money between the valuation date and final judgment, you and your attorney should monitor account balances and returns throughout the case. Our property division calculator for Florida can help you organize asset values as you prepare.
-
Understand that this remedy is discretionary. A judge may award prejudgment interest, but is not required to. Present clear evidence of unfairness — a long delay, exclusive control, and measurable economic benefit to the other spouse — to persuade the court that interest is warranted.
-
Pay attention to retirement and investment accounts. Assets that generate returns over time are prime candidates for a prejudgment interest argument. If you are dividing a 401(k), pension, or brokerage account, review how retirement account division interacts with the timeline of your case, and consider our QDRO calculator when planning the split.
-
Don't ignore marital debt. Equitable distribution divides liabilities as well as assets under Fla. Stat. § 61.075. If interest is accruing on marital debt one spouse controls, the same fairness logic can cut in unexpected directions. Review how marital debt is divided before assuming the ruling only helps asset-holders.
-
Build a plan before you litigate. Long property fights are exactly the scenario Stewart v. Vindel addresses, and they are expensive. A personalized divorce roadmap can help you understand your options, and connecting with a qualified Florida divorce attorney early can prevent the multi-year standoff that created this case in the first place.
If you are heading into a contested Florida divorce involving significant joint assets, this ruling may affect how your final property division is calculated. A local family law attorney can review whether prejudgment interest applies to your situation and how to preserve the evidence needed to request it.
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.