Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal equitable distribution scheme in Florida must be supported by findings listed in Florida Statute 61.075. These factors include, but are not limited to: the economic circumstances of the parties; the duration of the marriage; any interruption of personal careers or educational opportunities of either party; and the contribution of one spouse to the personal career or educational opportunity of the other spouse. A court usually commits reversible error if there is an unequal distribution of marital assets and debts without findings in the final judgment that justify it. This was an issue in the case Fernandez-Tretiakova v. Fernandez, 4D19-3217 (Fla. 4th DCA March 17, 2021).
After a trial in their dissolution of marriage case, the judge awarded the former husband over $200,000 from the marital estate while the former wife received approximately $130,000. Possibly in an attempt to equalize the distribution, the court ordered the former husband to pay the former wife lump sum alimony in the amount of $52,257. But this amount was offset by deductions ordered by the court, including the fees for what was deemed the former wife’s unnecessary vocational evaluation and damages the court found the former wife caused the former husband to incur from a rental property. No reference to Florida Statute 61.075 was included in the final judgment to support this distribution. The former wife appealed.
The appellate court found it was error for the trial court to fail to make findings regarding the statutory factors. The court held “Although the record reflects the trial court did take a substantial amount of evidence and made reference to facts which could support an unequal distribution of the marital assets and liabilities, it did not make specific findings referencing the ten factors enumerated in section 61.075(1), Florida Statutes.”
Schedule your consultation with a Miami family law attorney to understand how the law may apply to your case.