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Equitable Distribution in an Orlando, Florida Divorce Case

Equitable distribution involves multiple steps. After identifying assets and liabilities, the court must classify all assets and liabilities as marital or nonmarital. Next, the court values the marital assets and liabilities. Finally, the court distributes those assets and liabilities. 

Although there is a presumption in favor of equitable distribution, the court may unequally distribute the marital assets and liabilities after considering the ten factors set forth in Florida Statutes 61.075(1)(a)-(j). Unless the parties have entered into an agreement, the court’s written factors on this are mandatory. This is true even if the court enters a default judgment. The absence of these findings is a fundamental error on the face of the judgment.

The court must also explain the basis on which it determined the valuation. It is a fundamental error on the face of the judgment if the court does not make specific findings of fact that identify, classify, value, and distribute the parties’ assets and liabilities. If the court does not do that, the judgment must be reversed.

The appellate court will then remand the case to the trial court for the trial court to make factual findings supporting its classification of the parties’ assets and liabilities as marital or nonmarital. The trial court must then set aside the nonmarital assets and liabilities or the nonmarital portion of marital assets and marital liabilities before valuing and distributing the marital assets and liabilities between the parties. Further, in considering distribution, the court should begin with the statutory presumption that the distribution should be equal.

You can read Florida Statute 61.075 on equitable distribution in its entirety here.

After the court completes equitable distribution, it will then determine alimony and attorney’s fees, if the parties have requested them.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney-client privilege.