When Equal Isn’t Equitable: Uneven Distribution of Marital Assets in Florida Divorces

Florida is an equitable distribution state, which means that in the event of a divorce, the couple’s property is distributed on an equitable basis. While the law presumes that the distribution of assets should be equal in a divorce, the judge has the power to divide the marital estate unevenly under certain conditions. In this article, we’ll discuss a real Florida family law case in which assets were not distributed evenly between the couple.

Background of the case

In the aforementioned case, the couple decided to divorce after a long marriage. One of the major issues of the case was the distribution of the couple’s marital assets.

Under Florida law, the court will presume that the marital estate should be divided evenly. However, this presumption is rebuttable, meaning it can be challenged under certain conditions. These conditions include the couple’s contributions to the marriage, their financial conditions, and more.

During their divorce, the couple presented evidence concerning their contributions to the marriage. The wife, in this case, was instrumental in the marriage. She worked and supported her family financially. She was also the one who managed the couple’s household. The husband, on the other hand, did not contribute that much to the marriage. He was unemployed for long periods of time and did not contribute to the couple’s marital estate.

In this case, the trial court decided it was right to divide the marital estate unevenly due to the fact that the husband did not contribute much to the marriage.

The appeal

The husband appealed the trial court’s decision. He argued that the uneven division of the property was unfair and that the trial court abused its discretion. He argued that the marital estate should have been evenly distributed.

The Florida Third District Court of Appeal heard the husband’s case regarding the decision made by the trial court. In its review, the appellate court stated that although there is a presumption of equal distribution in Florida, trial courts can divide the marital estate unevenly given the proper evidence.

The appellate court found that the trial court adequately considered the relevant factors pursuant to Florida’s equitable distribution statute. Ultimately, the wife made considerable contributions to the marriage, while the husband contributed next to nothing. The decision of the trial court was therefore affirmed. 

Key takeaways 

The major takeaway from this case is that Florida doesn’t automatically divide marital assets in half during a divorce. The court can see fit to apportion more of the marital estate to one party than the other. In the aforementioned case, the court had substantial evidence to decide in favor of the wife. 

Talk to a Tampa, FL, Divorce Lawyer Today

The Tampa family lawyers at Westchase Law, P.A., represent the interests of those who are going through divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.