Uneven Division of Marital Assets in Florida Divorce: Understanding Equitable Distribution
In Florida divorces, the law provides for a distribution of assets and debts that is known as “equitable distribution.” Even though the law provides for an unequal distribution of assets and debts in a divorce, the starting presumption is that those assets and debts should be divided evenly. When a judge decides to deviate from the presumption of equal distribution of assets and debts, it is important for the judge to explain why such a decision was made. The Florida Second District Court of Appeals addressed a case in which the marital estate was not divided evenly between the two parties.
Background of the case
The parties in the aforementioned lawsuit were married in 2008 and separated in 2012. As such, their marriage was not considered “long-term” under Florida law. During their marriage, the wife attended law school and financed her education through student loans almost exclusively.
At the time of their separation, the wife had acquired over $76,000 in student loan debt, which later ballooned to around $91,000. Some of the money acquired through the student loans was deposited into the couple’s joint bank account and used to pay household expenses while the wife attended law school.
During the time of their marriage, the former husband served as the primary wage earner and earned a salary of around $50,000 per year.
The couple also owned a marital home, which played a large role in the divorce proceedings between the two parties.
When the trial court entered its final judgment in the divorce proceedings between the two parties, the wife received a disproportionate share of the marital estate. Specifically, the wife received all of the student loan and credit card debt incurred during their marriage. The wife also received all of the appreciation of the marital home’s value.
As a direct result of these decisions by the trial court, the wife was ordered to pay the husband an equalizing payment of around $11,500.
The appeal
The former wife appealed the ruling made by the trial court, stating that the uneven distribution of the marital estate was not based on the evidence presented during the trial.
The Florida laws on equitable distribution clearly state that the court must start with the presumption that the marital estate should be divided evenly. If the court wants to unevenly distribute the marital estate, it must make findings of fact that support that effort.
The Second District Court of Appeal reviewed the ruling made by the trial court. The trial court based its ruling on the fact that the husband had supported the former wife while she attended law school.
The Second District Court of Appeal stated that the trial court had not justified the uneven distribution of the marital assets; thus, the ruling could not be sustained.
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