Posted by Nydia Streets of Streets Law in Florida Divorce

What findings are required in a Florida divorce judgment concerning equitable distribution? According to Florida Statute Chp. 61.075,

In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:

(a) Clear identification of nonmarital assets and ownership interests;

(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;

(c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;

(d) Any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities.

Fla. Stat. 61.075(3).

In the case Hines v. Williams, 4D2022-2182 (Fla. 4th DCA February 21, 2024), the parties were divorcing and equitable distribution was an issue. The court entered a final judgment which cited an agreement reached by the parties regarding distribution of assets and debts and apparently resulted in an unequal distribution in favor of the former husband. The former wife appealed.

The appellate court reversed, noting that even though the former wife did not include a transcript of hearings on the issue appealed, the final judgment indicated the court did not have the required findings of the Florida Statutes. The court concluded “Based on the foregoing, we reverse the circuit court’s original final judgment, supplemental final judgment, and amended supplemental final judgment, to the extent those judgments collectively comprise the circuit court’s equitable distribution determination. We remand for the circuit court to make the statutorily required factual findings in a second amended final judgment which encapsulates the court’s entire equitable distribution determination.”

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