Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce is governed by Fla. Stat. 61.075. which states in pertinent part: “the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors [. . .]”. In the case Legere v. Legere, 1D19-3324 (Fla. 1st DCA October 7, 2020), the trial court entered a final judgment which awarded more equity in the marital estate to the former wife than to the husband.
The parties were married for about 40 years by the time a petition for divorce was filed in 2019. The former wife sought permanent alimony and an equitable distribution of the marital assets and debts. After a trial, the court entered a final judgment which granted the former wife over 80% of the former husband’s retirement account, while she was awarded 100% of her own pension. In total, the former wife received over 90% of the value of the marital estate while the former husband received less than 10%. Additionally, the trial court ordered that after the sale of the marital home, certain debts would be paid, including a vehicle loan which was the former’s wife’s separate debt. The former husband appealed.
The appellate court reversed the trial court’s decision, holding it was error to award an unequal portion of the marital estate to the former wife without appropriate findings supporting this decision. The court held “In its final judgment, the court does not mention any of § 61.075(1)'s factors, nor provide written findings explaining its decision. Thus, we remand the equitable distribution portion of the final judgment to allow the court to make the required findings and, if necessary, to craft a new equitable distribution scheme.” The court also remanded for the trial court to make findings as to why the non-marital vehicle debt should be paid from the proceeds of the sale of a marital asset.
Making sure the right assets and debts are counted in your equitable distribution is important in arriving at the appropriate division. Schedule a consultation with a Miami divorce lawyer to receive an analysis of the specific facts of your case.