Florida Court Discusses Equitable Distribution

Money disputes are one of the most common reasons for divorce. As a result, it’s not surprising that in many divorce proceedings, the parties have heated arguments about how assets and property should be disbursed. In order to avoid such conflicts, Florida courts use a three-step approach to determine what constitutes an equitable property allocation. As illustrated in a recent Florida judgment, if the court disregards the procedure and divides property without correctly identifying assets and liabilities, it may be grounds for reversing an equitable distribution award. If you want to dissolve your marriage, you should choose a qualified Florida divorce lawyer attorney to represent you and protect your rights.

The Case’s Background

Reportedly, the husband and wife were in the process of obtaining a divorce. Few other factual details were provided in the court’s opinion, though. It is simply stated that the trial court had given a final decision terminating the marriage. The husband then filed an appeal, claiming that the judgment’s alimony and equitable distribution awards should be overturned. The appellate court agreed, and the trial court’s decision was reversed and the case was returned for additional proceedings.

The Equitable Distribution Process in Florida

Equitable distribution is usually a three-step process in Florida. It specifies the identification of nonmarital and marital assets, the valuation of any assets deemed marital, and the statutory division of marital assets. The husband argued that the trial court erred by neglecting to identify all of the parties’ liabilities and assets and categorize them as marital or nonmarital in the case at hand. The court of appeals concurred.

In addition, the husband claimed that the trial court erred by failing to apply the proper categorization date to the liabilities and assets it did find. The appellate court concurred with this argument as well, stating that the trial court’s final judgment demonstrated that the trial court focused on what is believed to be the day the parties’ marriage ended effectively. The date utilized to determine whether assets are marital or nonmarital, according to Florida law, is either the date the parties entered into a separation agreement or the date either party files a divorce petition, whichever comes first. The court should have utilized the date the wife filed the petition because the parties did not have a separation agreement in the matter at hand. The husband’s appeal was permitted by the appellate court based on the preceding.

Speak with a Seasoned Florida Lawyer

Ending a marriage can be a legally complex and emotionally difficult process, therefore anyone involved in divorce proceedings should choose an experienced attorney to represent them. If you have any concerns about divorce or equitable distribution, you should contact an attorney right away. The knowledgeable Florida lawyers of Lusk, Drasites & Tolisano, P.A. are skilled at protecting the rights of our clients in family law matters, and if you retain our services, we will advocate tirelessly on your behalf.  You can contact us through our form online or by calling 800-283-7442 to set up a confidential consultation.

 

 

 

 

 

 

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