Unequal Distribution Of Marital Assets In Florida Divorce Cases

When it comes to divorce, few issues are more frequently contested than the division of the marital estate. While a lot of folks presume that the marital estate will be split evenly, Florida is considered an equitable distribution state. This means that the marital estate is divided in accordance with what the court deems fair. In this article, the Tampa, FL, divorce lawyers at Faulkner Law Group, PLLC, will discuss an important Florida family law case dealing with the unequal distribution of the marital estate. 

Background of the case 

In this case, the trial court dissolved the marriage of the former husband and wife and divided their marital estate. Instead of splitting the assets in half, the court ordered roughly two-thirds of the marital estate to the former husband. The wife only received a third.

The trial court’s order failed to state why such a large difference was awarded to the wife and warranted by the facts. While the State of Florida does allow uneven distribution in certain circumstances, the deviation from equal distribution must be backed up by specific findings in the evidence.

Unhappy with the outcome, the wife appealed. She argued that the uneven split was not supported by the record and failed to comply with Florida’s equitable distribution statute. 

The appeal

The Fourth District Court of Appeal took up the case. They were tasked with deciding whether or not the trial court properly divided the marital estate. In this case, the appellate court highlighted an important principle of Florida’s family law rules: In all cases, the marital estate should be presumed to be divided evenly unless specific factual findings were made by the court. There needs to be a justification for the deviation.

The appellate court was not happy with the way the trial court judge divided the marital estate. The court is supposed to consider factors like economic misconduct, contributions to the marriage, or other considerations under the Florida statute. So, the appellate court sided with the wife and overturned the trial court’s decision. They then remanded the case back to the trial court, so the court could make the proper findings. 

Key takeaways 

Essentially, the Florida statute concerning equitable distribution forces the court to use the factors listed in the statute and back that by evidence in the pleading. That’s why this case is important for Florida family law. It shows you exactly how the law works and what’s supposed to happen. The marital estate will only be split when there’s evidence backing the statutory factors.

Trial courts are required to explain their reasoning. Judges aren’t allowed to just divide the marital estate any way they please. Such methods are quite vulnerable on appeal.

It’s also important to understand that appeals are not about arguing your case all over again. Instead, the matter focuses on whether the law was properly applied. In this case, it was not. 

Talk to a Tampa, FL, Divorce Lawyer Today 

Faulkner Law Group, PLLC, represents the interests of Tampa residents who are going through a divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin preparing your case right away.

Source:

caselaw.findlaw.com/fl-district-court-of-appeal/1204066.html