Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal division of martial assets and debts in a Florida divorce must be supported by certain findings made by a judge. When a party claims he or she contributed non-marital funds to a marital asset, the burden is on that party to prove the contribution was not a gift to the other spouse. This was an issue in the case Chatten v. Chatten, 4D21-694 (Fla. 4th DCA December 22, 2021).
At the time a petition for divorce was filed, the parties jointly owned two properties - one in Florida and another in Missouri. The former wife claimed she contributed her separate, non-marital funds to purchase both homes. Ultimately after a trial, the court awarded the former husband the Missouri home and awarded the former wife the Florida home. The ultimate equitable distribution award left the former wife with over $40,000 more in assets than the former husband. The former husband appealed.
The appellate court noted: “On appeal, the husband contends that the court improperly awarded an unequal distribution between the parties based solely upon the wife’s contribution of her inheritance to the down payment. As the wife did not carry her burden of proving that the contribution was anything other than a gift, she was not entitled to an unequal distribution as a result of that contribution. We agree.” The court went on to hold “Instead, the wife argues that we should affirm the unequal distribution by finding that it was awarded as lump sum alimony, applying the tipsy coachman doctrine. We decline to do so. ‘Lump sum alimony for support requires a showing of need on the part of the recipient spouse, an ability to pay on the part of the payor spouse, and a justification for the payment.’ Sellers v. Sellers, 68 So. 3d 348, 351 (Fla. 1st DCA 2011) (citing Jackson v. Jackson, 507 So. 2d 1160, 1163 (Fla. 1st DCA 1987)). ‘The trial court must make findings justifying such an award either on the record or in the final order.’ Rawson v. Rawson, 264 So. 3d 325, 330 (Fla. 1st DCA 2019) (citation omitted). Not only did the trial court not make any findings to support such an award, the court awarded significant permanent alimony to cover the wife’s needs.”
If you have questions about how equitable distribution works in a Florida divorce case, schedule a consultation with a Miami divorce lawyer to understand how the law may apply to your case.