Unequal Distribution of Marital Assets in Florida
In most cases, the Florida courts divide marital property in half when the hear a case. However, they don’t have to divide the marital estate in half like they do in some states. In Florida, one or the other party could be favored with a greater share of the marital estate. This depends on specific circumstances. In this article, we’ll review a real family law case that deals with an uneven distribution of the marital estate.
Background of the case
This case concerned a dispute between the parties concerning their divorce. The couple was obligated to distribute property acquired during the marriage. Similar to most cases, the trial court started off with the assumption that all marital property was supposed to be distributed equally. Nonetheless, the trial court decided to give one party more property than the other.
The unequal distribution of property was based on factors including the contributions of both parties to the marriage, such as finances, as well as other factors such as how they managed their marital properties and debts. One of the parties raised an objection regarding the unequal distribution claiming it was not justified by the available evidence.
The appeal
On appeal, the court looked at the adequacy of the justification for dividing the marital estate unevenly. Pursuant to Florida Statute §61.075. An unequal distribution is permissible when there are adequate reasons for doing so based on competent substantial evidence.
According to the appellate court, trial courts have wide discretion but must be clear about why they chose to make an unequal distribution. It is not sufficient that one party is more favored than the other; there should be identifiable reasons that would justify an unequanl distribution.
These factors could include the following:
- Each spouse’s contributions to the marriage, which includes homemaker and parenting contributions;
- Economic situation of each party;
- Length of the marriage;
- Career interruptions made by either party;
- Educational interruptions;
- Any contributions to acquiring or dissipating the marital property.
This case was a good example of how trial courts’ findings should support a ruling in favor of an unequal distribution of assets.
Key takeaways
- Equal is not necessarily identical – Even though equal means 50/50, judges sometimes stray from this concept if it is justified for the sake of fairness.
- Reasons for inequality matter – Inequity needs to have solid justification and reasons, otherwise the ruling will not pass muster.
- Wide courtroom discretion – Trial courts are free to use their discretion, yet this cannot go beyond legal boundaries.
- Misuse of marital assets counts – Financial irresponsibility on one’s part can affect the ruling in favor of the other spouse.
- Evidence Makes All the Difference – Having all the necessary documentation to prove points is extremely valuable.
For those going through the divorce process, this case suggests that, in terms of equitable distribution, preparation and proper evidence make all the difference.
Talk to a St. Petersburg, FL, Family Law Attorney Today
The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents who are going through divorce. Call our St. Petersburg 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/1046444.html
