Posted by Nydia Streets of Streets Law in Florida Divorce
Florida equitable distribution rules require the court to make certain findings. Without those findings, a Florida final judgment of divorce may be reversible on appeal. This was an issue in the case Hinojosa v. Hinojosa, 2D2023-0155 (Fla. 2d DCA May 31, 2024).
The former wife appealed a final judgment of divorce, arguing there were errors in the alimony and equitable distribution determinations. Since the former wife did not provide a transcript of the trial, the appellate court was limited to reviewing errors on the face of the judgment. This resulted in reversal of the judgment on two issues related to equitable distribution - one concerning a 401k account and the other concerning proceeds from the sale of real property.
The final judgment classified the former husband’s 401k account as marital, but did not distribute the account between the parties. The former husband conceded this error and the appellate court remanded for instructions for the trial court to consider distribution of this account. The appellate court then turned to real property which was awarded to the former husband with instructions to sell or refinance the property. The judgment was silent as to what the former wife’s share of the equity in the property will be if the former husband refinances. The appellate court directed the trial court to determine how the former wife would be paid her share of equity upon refinancing.
Review your case with a Miami family law attorney to understand how the law may apply to your specific circumstances.