Posted by Nydia Streets of Streets Law in Florida Divorce
What does equitable distribution include in a Florida divorce? Generally, all assets and debts that were acquired from the date of marriage through the date of filing for divorce are going to be included in the equitable distribution scheme. In the case Dubose v. Dubose, 1D19-885 (Fla. 1st DCA December 20, 2019), the appellate court considered an appeal concerning an alleged error in the division of assets in the parties’ underlying divorce case.
This case is scant on facts concerning the underlying divorce proceeding, however, the former wife apparently challenged the court’s treatment of timber sold by the former husband during the marriage. The appellate court agreed that the trial court did not properly account for this timber in the final judgment, holding “In pertinent part, the trial court found that [the former husband] sold timber on marital land for $29,000 but did not share any of the proceeds with [the former wife]. Despite treating these proceeds as a marital asset, the trial court, likely through oversight, failed to include the proceeds in the equitable distribution plan. This was error. See Tritschler v. Tritschler, 273 So. 3d 1161, 1163 (Fla. 2d DCA 2019) (‘A final judgment that fails to identify and value all of the parties' marital assets and liabilities and that fails to distribute them equitably between the parties must be reversed.’); see also § 61.075(3), Fla. Stat. We therefore reverse the amended final judgment in part and remand for further proceedings consistent with this opinion.”
Equitable distribution in Florida can be complicated when there are multiple types of assets and debts to consider. Scheduling a consultation with a Miami family law attorney may help you understand the nuances of your case and the best way to move forward.