When Can the Florida Courts Unevenly Divide Assets in Divorce?

Florida is an equitable distribution state. This means that the marital estate is divided in accordance with what is “fair” to both parties. In other words, your marital estate may not necessarily be divided in half. The courts can favor one spouse with a greater portion of the assets or a smaller portion of the debts, based on financial need, among other factors. In this article, we’ll review a Florida family law case in which the marital estate was not divided equally.

Background of the case

The question put before the court was how to divide the marital estate. In this case, the question centered around debts and who should take on those debts. In its final judgment, the court assigned $281,782 in debt entirely to the husband.

According to the court, this was “fair” because the former wife didn’t have the ability to pay the debt. Their reasoning rested entirely on the difference in income and earning capacity between the spouses as opposed to a full application of the statutory requirements. In Florida, major differences in earning capacity are one factor among many. The courts won’t divide the marital estate unevenly unless there are multiple statutory factors at play. Nonetheless, in this case, they did.

The appeal 

The former husband, who didn’t want to be saddled with all the debt, appealed the trial court’s decision. Referencing Florida Statute § 61.075, a trial court must begin with the premise that distribution should be equal unless there is a justification based on all relevant factors.

In this case, the appeals court agreed with the husband that the trial court erred in assigning him all of the debt.

Key takeaways from the case

This case elucidates several key takeaways. Firstly, equal distribution is the starting point. Unless the court applies several statutory factors to its decision, it violates the statute. Unequal distribution must be accompanied by factual findings. In the case mentioned above, the trial court’s judgment lacked any findings related to the statute. It did not support assigning the entirety of the debt to one spouse.

According to the appellate court, the trial court only used one factor to apportion the majority of the debt to the husband. The trial court failed to satisfy the statute’s requirements. Due to this deficiency, the case was overturned and remanded back to the trial court for reevaluation.

Important considerations for those going through a divorce 

If your attorney is building a case for unequal distribution, they will need to do more than just prove that you earn less money than your spouse. They need to apply all the relevant factors in the statute. 

Talk to a Tampa, FL, Divorce Attorney Today 

Westchase Law, P.A., 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:

casemine.com/judgement/us/591467e1add7b049342ba89d