Florida Appeals Court Reverses Errors in Equitable Distribution

One of the most contentious parts of a divorce is the equitable distribution of the property and liabilities between the two spouses. Despite this rule, it does not imply that all properties are split equitably; rather, they must be classified as either non-marital property or property of the marital estate. This classification requires strong evidence to prove your case. In this article, we’ll discuss a Florida family law case addressing the process of equitable distribution during a divorce.

Background of the case

The parties participated in dissolution proceedings where the trial court had to allocate various assets and liabilities that belonged to them from the time of their marriage.

During the appeal, the husband argued that the trial court failed to classify certain assets and liabilities and that certain aspects of the equitable distribution were not supported by competent, substantial evidence. In particular, the husband claimed that some of his accounts or other interests were not marital property or had been wrongly categorized and allocated by the trial court.

As such, allocation decisions tend to include both facts and legal analysis; the question for the appeals court was whether the trial court correctly analyzed Florida statutory law on that issue and arrived at those findings based on competent, substantial evidence.

The appeal

The Fifth District held that parts of the distribution scheme violated the law. According to the court, the primary requirement prior to any property distribution is to classify the properties at issue. The importance of this classification lies in the fact that generally, nonmarital assets belong solely to the spouse who owns them, whereas the marital assets should be equitably distributed.

After reviewing the record, the court found flaws in the property distribution scheme. In particular, the classification of some properties was not supported by evidence presented before the trial court. Additionally, it was noted that the classification decisions and other parts of the distribution scheme contained insufficient findings allowing effective appellate review.

In light of these circumstances, the court reversed the lower court’s decision in part. It found that the trial court should have determined the status of the challenged assets and supported its conclusions with proper findings. Thus, the case was remanded to the trial court to take appropriate measures in regard to the appealed decision.

It should be noted that the court did not decide that the husband would be entitled to the contested property. On the contrary, the court ensured that all necessary decisions would be made in compliance with the current legal standards.

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Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/116746230.html