Posted by Nydia Streets of Streets Law in Florida Divorce

What steps are required in equitable distribution in a Florida divorce? According to the Florida Statutes the steps are (1) identification of marital and nonmarital assets, (2) valuation of marital assets, and (3) distribution of marital assets as stated in Fla. Stat. 61.075. In the case Morgan v. Morgan, 2D20-1622 (Fla. 2d DCA September 17, 2021), the court considered an appeal involving equitable distribution, alimony and child support.

In this divorce case, the record reflects the parties lived comfortably. They reportedly travelled frequently, lived in large homes and did not worry about paying bills. After the parties separated, the former husband lived in a small apartment and struggled to pay his living expenses. The former wife’s income was over $18,000.00 per month while the former husband’s salary was approximately $4,000.00 per month. The court entered a final judgment which in part granted him $1,000.00 in permanent alimony per month. The former husband appealed.

The appellate court first analyzed the equitable distribution. It determined the trial court erred in choosing the cut of date for valuing assets as marital or non-marital. It used the date it believed the parties separated, rather than the date of filing the petition for divorce or the date a valid separation agreement was entered, as required by statute. The court held “Because there was no separation agreement in this case, the parties' assets and liabilities had to be identified as of the date the former wife filed her petition […] On remand, once the trial court has identified all the marital assets and liabilities in existence when the petition for dissolution was filed, it may then proceed to value them as of the date or dates the court deems equitable.”

Turning to the alimony award, the appellate court held “Given the standard of living established during the marriage and the disparity between the parties' incomes, the trial court abused its discretion in awarding the former husband a nominal amount of alimony [. . .] The trial court's alimony award is not commensurate with the parties' marital standard of living and creates a gross disparity.” Last, the court considered the former husband’s argument that retroactive support should not have been awarded to the date he moved out of the marital residence because he moved out only to benefit the parties’ child so that the child could qualify for in-state tuition. The court held “Because the former husband did not reside in the same household with the parties' minor daughter for the two years before the petition was filed, the trial court had the discretion to award retroactive child support for the twenty-four months prior to the date of filing. However, because the trial court's equitable distribution plan and alimony award must be revisited, the court must also reconsider the amount of retroactive child support in accordance with the child support guidelines.”

Consult with a Florida divorce lawyer if you have questions about how to proceed in your case.