Posted by Nydia Streets of Streets Law in Florida Divorce
What will happen in my Florida divorce case? This is a question many wonder as they face the dissolution of their marriage. It may bring worry, anxiety and fear as you approach the unknown. But learning about what you can expect in a Florida divorce can help ease these feelings. One way to learn about what to expect is by reviewing Florida family law appellate cases. A recent case discusses equitable distribution and alimony requirements in a Florida divorce case: Smith v. Smith, 1D20-2419 (Fla. 1st DCA May 18, 2022).
In the parties’ Florida divorce case, the court considered alimony and equitable distribution. A final judgment was entered by the trial court which ruled on these issues but did not include explanations of why the court ruled the way it did. Presumably, the final judgment entered did not award relief requested by the former wife, and she appealed.
The appellate court began its opinion noting that the Florida Statutes require that the court detail specific findings in its final judgment concerning alimony and equitable distribution. The court held “In the present case, the trial court’s judgment includes only cursory and conclusory factual determinations (e.g., simply stating that it considered all the factors). This was error, and the former wife preserved the issue for appeal in her Motion for Rehearing/Reconsideration. [internal citation omitted]. Because a proper review of the trial court’s decision evades us, remand is necessary for the trial court to reevaluate its award of alimony and the equitable distribution of marital assets by making the necessary findings of fact. [internal citations omitted]. Those findings should be tailored to the statutory factors set out in sections 61.08(2) and 61.075(1) and (3), Fla. Stat.” The court also remanded for the trial court to consider the former wife’s claim for insurance to support her alimony award, which the trial court did not consider despite the former wife pleading for the same in her petition and motion for reconsideration.
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