At the center of the dispute is marital asset division. Under Florida equitable distribution statutes, all assets and liabilities acquired during the marriage are presumed joint property unless covered by a valid prenuptial agreement. However, state law allows judges to adjust this division if one party intentionally dissipates, wastes, or conceals marital funds.
Gámez’s legal team has hired forensic accountants to examine several primary categories:
- Liquid Accounts and Shell Entities: Auditing multi-year banking records to locate diverted capital or unauthorized domestic and overseas wire transfers.
- Digital Intellectual Property: Establishing whether Gámez's direct-to-consumer businesses and digital sponsorships qualify as separate property created by her personal brand or divisible marital assets.
- Residential Real Estate Holdings: Valuing multi-million dollar residential properties in South Florida, factoring in mortgage service payments made during the separation.
- Equitable Offset Demands: Seeking financial credits to reimburse Gámez for assets allegedly depleted without her consent.
If the court finds evidence of intentional financial waste, the judge can award Gámez an unequal share of the remaining marital estate. This outcome would significantly reduce Martínez’s final settlement and complicate his claims for spousal support.
