How Timing of Divorce Filing Affects Equitable Distribution In Florida, the timing of when a divorce is filed can have a significant impact on the equitable distribution of assets and liabilities. While many divorcing couples focus on what property exists and how it should be divided, when you file can influence how property is classified, …
Should You Settle or Go to Court Over Property Division? One of the most critical decisions in a Florida divorce is whether to resolve property division through settlement or litigation. While court intervention is sometimes necessary, Florida law and precedent strongly favor parties resolving disputes by agreement whenever possible. Why Florida Favors Settlement The Florida …
Interim Partial Equitable Distribution Florida Statute §61.075(5) allows interim partial distribution of marital assets before final judgment, but only in exceptional situations. Amendments effective July 1, 2024, require: These distributions are not automatic. Courts must balance urgency with fairness. If you are considering requesting interim distribution: Typical scenarios may include when one spouse has no …
Trial Court Cannot Average Valuations When parties disagree on value, courts must choose one-side or another based on competent evidence, unless there is a reason to average. In Giles v. Giles, 298 So. 3d 1277 (Fla. 2d DCA 2020), the trial court “split the difference” between home valuations, and the appellate court reversed. To improve …
Equitable Distribution Must Be Final A final judgment must fully resolve all aspects of equitable distribution. In Fischer v. Fischer, 224 So.3d 919 (Fla. 1st DCA 2017), the trial court left issues regarding the marital home unresolved. The appellate court found the judgment was nonfinal and unenforceable. Unresolved distributions can create confusion and delay. To …
Tools and Equipment in Divorce Dividing tools, jewelry, instruments, or machinery used for business or hobbies is often contentious. In Lassett v. Lassett, 768 So.2d 472 (Fla. 2d DCA 2000), the appellate court reversed an unsupported $10,000 valuation of jewelry. The same principle applies to tools and equipment: Many spouses undervalue or overstate the importance …
Valuation Must Be Evidence-Based Courts must use competent, substantial evidence to determine asset values. In Naylor v. Naylor, 127 So.3d 1288 (Fla. 1st DCA 2013), the trial court assigned a $20,000 value to tools without credible evidence, relying solely on a vague affidavit. The appellate court reversed. This ruling emphasizes that asset valuation cannot be …
Equitable Distribution Cannot Punish for Poor Recordkeeping The absence of documentation alone does not justify an unequal distribution. In Sikora v. Sikora, 173 So.3d 1028 (Fla. 2d DCA 2015), the trial court penalized the wife for failing to produce receipts for medical expenses paid during the divorce. Because there was no finding of misconduct or …
When Courts Fail to Make Factual Findings Under Florida Statute §61.075(3), trial courts are required to make specific factual findings in equitable distribution rulings, including asset classification, value, and reasoning for distribution. In Williams v. Williams, 133 So.3d 605 (Fla. 1st DCA 2014), the court’s failure to explain how it valued the couple’s art collection …
Equitable Distribution Can Affect Child Support Although child support and property division are typically handled separately, courts may approve creative arrangements that intertwine the two. In Coffy v. Coffy, 321 So. 3d 230 (Fla. 4th DCA 2021), the husband satisfied his child support obligation by transferring his share of the marital home’s equity to the …
