Florida Case Involves Uneven Distribution Of The Marital Estate

In Florida divorce cases, there is a starting presumption that marital assets will be divided equally between the spouses. However, this presumption is rebuttable, meaning you can challenge it with the right evidence. To distribute the marital estate unevenly, the court must justify that decision with solid evidence. In this article, we’ll discuss a court case in which the marital estate was divided unevenly, and the matter ended up being appealed. 

Background of the case 

In the aforementioned court case, the trial court entered a final judgment that dissolved the marriage and divided the marital assets and liabilities between the two spouses. The division of the marital assets and liabilities, in this case, was unequal. Although the record reflected that there was evidence to support the unequal distribution of the marital estate, the final judgment did not explain the reasoning for departing from the commonly-employed equal division.

Under Florida law, the equitable distribution of marital assets and liabilities is governed by a statutory provision that requires a court to consider certain factors when determining the division of marital assets and liabilities. The factors that a court is required to consider include contributions to the marriage, economic circumstances, and the responsibility for minor children. However, if a court decides to make an unequal distribution, giving one spouse a greater share of the couple’s assets, it must explain its reasoning. 

The appeal 

Upon review of the trial court’s decision, the Fourth District Court of Appeal focused on the lack of express findings by the trial court. The DCA recognized that unequal divisions are allowed in Florida. The problem in this case was not the unequal distribution, but rather the reasons given for the unequal distribution.

The Fourth DCA noted that an appellate court cannot speculate on the reasons given by the trial court. The evidence in the record could have supported an unequal distribution, but the trial court was still required to state the reasons in the final judgment. The trial court failed to make the necessary findings to support the unequal distribution, so the DCA reversed the equitable distribution and remanded the case back to the trial court for further proceedings. 

Key takeaways 

This case has a great deal to teach us about Florida family law. This includes: 

• Unequal is not improper – Florida trial courts can make an unequal distribution of marital assets when supported by the evidence and compliant with Florida statutes. 

• Findings matter – The trial court must explain its findings for making an unequal distribution of marital assets. 

• Appeals focus on the record – The appellate court will not speculate on what the trial court might have been thinking.

Ultimately, this case shows that equitable distribution requires evidence and compliance with the factors laid out under Florida law.

Talk to an Orlando, FL, Divorce Lawyer Today 

Greater Orlando Family Law represents the interests of Orlando residents during their divorce. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/115844254.html