Posted by Nydia Streets of Streets Law in Florida Divorce

When a Florida divorce case includes issues of equitable distribution and alimony, there must be specific findings made in the final judgment regarding these issues. Without these findings, a final judgment of divorce may be susceptible to being overturned on appeal. Such was the case in the matter Ortiz v. Ortiz, 3D19-2232 (Fla. 3d DCA August 12, 2020).

The parties were married for almost 15 years and had one child when a petition for divorce was filed. The former wife owned premarital property, and the parties reached an agreement about what portion of the value of the property was marital. The final judgment acknowledged this sum, a joint checking account and the former wife’s jewelry. However, these assets were not addressed nor accounted for in the equitable distribution scheme. The former husband was ordered to make an equalizing payment to the former wife, to pay her child support and to pay her alimony. The former husband moved for rehearing which resulted in a reduction of his child support and the length of the alimony award. However the court still refused to address the equitable distribution error alleged, and did not make findings regarding the alimony award that are required by statute. The former husband appealed.

The appellate court agreed the equitable distribution scheme was incomplete and lacked findings. The court held “The final judgment on appeal here fails to identify and distribute all the marital assets as part of the equitable distribution scheme and does not contain the requisite statutory findings pursuant to Section 61.075. As such, we reverse and remand for the trial court to make the specific, requisite findings.” As to alimony, the court held “The judgment on appeal does not include the reasoning behind the award of alimony to the former wife. Failure to make such specific factual findings has been held to be an abuse of discretion. [. . .] Absent the requisite statutory findings, the trial court’s reasoning supporting its determination of the former wife’s need for alimony is indiscernible on the record before us. We reverse and remand for the trial court to make findings of need and ability to pay pursuant to Section 61.08, Florida Statutes.”

Scheduling a meeting with a Miami divorce lawyer can help you understand how the law may apply to your case.