Florida courts recognize that tort claims brought by one spouse against the other may be asserted during the parties’ marriage, see, Kalisch v. Kalisch, 646 So.2d 292 (Fla. 3d DCA 1994) (negligence claim), or as separate claims in a dissolution-of-marriage action. See, San Pedro v. San Pedro, 910 So.2d 426 (Fla. 4th DCA 2005) (claims of negligence, fraud and deceit, intentional infliction of emotional distress, and battery); Snedaker v. Snedaker, 660 So.2d 1070 (Fla. 4th DCA 1995) (battery claim); Hahn v. Hahn, 595 So.2d 1098 (Fla. 4th DCA 1992) (battery claim). These tort claims typically are asserted as separate counts in a petition or counter-petition that includes a count for dissolution of marriage. San Pedro v. San Pedro, supra.
Although the Florida Supreme Court has not specifically ruled on the question as to whether tort claims that accrued during the parties’ marriage are compulsory counterclaims in a dissolution-of-marriage action, there are several District Court of Appeal decisions that have involved tort claims that were brought after the dissolution of the parties’ marriage. See, Hogan v. Tavzel, 660 So.2d 350 (Fla. 5th DCA 1995) (claims of negligence, battery, fraudulent concealment, and intentional infliction of emotional distress), review denied, 666 So.2d 901 (Fla. 1996); Waite v. Waite, 593 So.2d 222 (Fla. 3d DCA 1991) (battery claim), approved, 618 So.2d 1360 (Fla. 1993); see also, San Pedro v. San Pedro,supra 910 So.2d at 428 n. 1 [rejecting reading of Cerniglia v. Cerniglia, 679 So.2d 1160 (Fla. 1996), as mandating conclusion that tort claims accruing during marriage are compulsory claims in dissolution-of-marriage actions and therefore may not be brought after dissolution action is final].