Posted by Nydia Streets of Streets Law in Florida Divorce
Many married couples acquire several assets throughout their marriage. From small to large items, if assets have value, they can be considered in a Florida divorce case. In the appellate matter Price v. Price, 233 So.3d 525 (Fla. 2d DCA 2018), the former wife appealed a trial court order which failed to distribute certain personal property between the parties.
On the former husband’s financial affidavit, he listed a hot tub, furnishings and furniture, as well as entertainment equipment. Despite the former husband’s testimony that his financial affidavit was true and correct and his corroboration of values listed in the same, the trial court failed to make findings regarding whether these items were marital or not.
The former wife appealed, arguing it was error for the court to fail to make findings regarding these assets and to distribute them appropriately. The appellate court agreed with her and reversed the entire equitable distribution scheme holding, “Because any potential distribution of these assets will affect the current equitable distribution scheme, reversal of the entire scheme is appropriate.”
Make sure you are receiving your fair share of the full marital estate by consulting with a Miami divorce lawyer before your case is set for trial. A careful and specific listing of marital assets and debts can assist the court in making an accurate determination, and a Florida divorce attorney can help you with this.