Understanding Equitable Distribution Under Florida Law

The State of Florida begins every analysis of equitable distribution with the presumption that marital assets and liabilities should be split evenly among the two litigants. Nevertheless, “equitable” does not necessarily mean “equal.” In this article, we’ll discuss a real case in which the marital estate was not divided evenly, and one spouse was awarded more of the marital estate than the other spouse. 

Background of the case 

The facts of the case involved a long-lasting marriage with considerable assets accumulated during the marriage. The majority of assets were accumulated from one spouse’s pre-marriage wealth. During the course of the marriage, two major properties were purchased. One property was a working horse farm in Florida, while the other property was located in Lake George. The properties were titled in one spouse’s name and were mostly paid for with non-marital funds. Nevertheless, the trial court concluded that there was enough evidence to prove that the properties had been gifted to the marital estate. Once it was concluded that the properties were part of the marital estate, the trial court divided the properties unevenly in accordance with equitable distribution. In the final judgment, the trial court awarded a larger portion of the marital estate to the wife. This decision was based on a variety of considerations under section 61.075 of the Florida Statutes. 

The appeal 

On appeal, the district court reversed part of the final judgment. The court found that the trial court did not have sufficient evidence to support its findings regarding the marital character of the properties and unequal distribution. The case eventually made its way to the Florida Supreme Court.

The Supreme Court reversed the district court’s decision and reinstated the amended final judgment. In reaching this decision, the Supreme Court pointed out the broad discretion given to trial judges in matters involving equitable distribution. The Supreme Court pointed out the fact that appellate courts cannot reweigh evidence or substitute their judgment for the trial court’s judgment simply because they disagree with it. The Supreme Court determined that Florida law does not require an equal distribution in all cases. In cases where there are statutory factors to support a deviation from an equal distribution, an unequal distribution is allowed if there are written findings regarding the deviation. 

Key takeaways 

This case reinforces a number of fundamental principles of Florida’s family law. First, although there is a presumption of equality in equitable distribution, this presumption can be rebutted if the circumstances indicate otherwise.

Second, although marital property is defined as property accumulated during the marriage, marital property can include assets accumulated from non-marital funds if there is a sufficient basis to find an interspousal gift. Finally, it reinforced that a trial court must enter specific written findings if it orders an unequal distribution, citing which factors it is relying on in support of its order. 

Talk to a Tampa, FL, Family Law Attorney Today 

Faulkner Law Group, PLLC, represents the interests of Tampa residents during their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

3dca.flcourts.gov/content/download/798055/opinion/192406_DC08_10272021_100740_i.pdf