Unequal Distribution of Marital Assets in Florida Divorce Cases

Many folks assume that the property acquired during their marriage will be equally distributed to both parties in the event of a divorce. Although equitable distribution is practiced in Florida, it does not imply that the marital assets will be shared 50/50. The courts have the power to allocate more than half of the marital property to one spouse under certain conditions. In this article, the Tampa, FL, divorce lawyers at Westchase Law, P.A., will discuss a real family law case dealing with the uneven distribution of marital assets. For those undergoing divorce proceedings, this article provides valuable insight into how equitable distribution works in Florida.

Background of the case

In the aforementioned case, the parties were engaged in divorce proceedings where it was necessary for the court to allot the assets and liabilities belonging to the marriage. This is common when two spouses decide to go their separate ways, and there is a need to determine who will take what.

During the hearing, evidence was presented concerning the contributions of each spouse in relation to the economic situations within the marriage. One party felt that, from the evidence, an equal partition of the marital estate could not be fair.

The lower court decided to partition the matrimonial assets unequally. The decision meant that one party got more property than the other, depending on the evidence that was before the court. The aggrieved party filed an appeal contending that the lower court had been unfair in its ruling.

The appeal

In this case, the court considered whether the trial court’s justification for departing from the principle of equality in dividing marital assets was adequate on appeal.

According to the appeals court, under Florida law, equality is presumed to be the best way to divide the marital estate. To diverge from this premise, the court must find a solid reason.

This means that trial courts may not simply order the unequal division of marital property without offering any rationale for such a ruling based on competent evidence. Trial courts are obligated to consider factors enumerated in Florida law for purposes of making an equitable distribution of the property.

These factors include the economic status of each spouse, their contributions to the marriage, and interruptions of either spouse’s educational or career development opportunities, among other factors.

The Florida Supreme Court analyzed the adequacy of the factual findings by the trial court to support the unequal distribution of assets awarded in that case.

Talk to a Tampa, FL, Divorce Attorney Today

Westchase Law, P.A., 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 discussing your next steps right away.

Source:

law.justia.com/cases/florida/supreme-court/2000/sc94791.html