Florida Court Partially Reverses Equitable Distribution in Divorce Case

In Florida, the division of property in divorce cases must be supported by legally sufficient findings that justify any deviations from an equal division of marital liabilities and assets. This was emphasized in a recent Florida decision in which the court held that a trial court erred in assigning a marital loan solely to one spouse without adequate justification. If you are contemplating seeking a divorce, it is in your best interest to consult a Miami divorce attorney about how you can protect your financial interests.

History of the Case

It is reported that the wife filed for divorce after a short-term marriage lasting under four years. Allegedly, four months before filing, she took out a $20,000 loan in her name alone, asserting that the funds were used to consolidate marital debt, cover pregnancy-related expenses, and repay a personal loan from a friend. She argued that these financial obligations were incurred during the marriage and should be treated as marital liabilities.

Reportedly, the husband denied knowledge of the loan and contended that he should not be responsible for any portion of it. He admitted, however, that he did not contribute to the payment of pregnancy-related expenses or inquire into how those obligations were covered. The trial court ruled in favor of the former husband, assigning full responsibility for the loan to the wife, citing the short duration of the marriage and her decision to obtain the loan in her name without informing her spouse. The wife appealed.

Evidence Considered When Making Equitable Distributions

On appeal, the court evaluated whether the trial court properly allocated the loan exclusively to the former wife. Under Florida law, assets and liabilities acquired during the marriage are presumed to be marital unless proven otherwise. Section 61.075 of the Florida Statutes requires that any unequal distribution of marital liabilities be supported by specific factual findings.

The court found that while the trial court referenced statutory factors—such as the short duration of the marriage and the former wife’s unilateral decision to obtain the loan—these reasons were insufficient to justify an unequal allocation of debt. The court emphasized that the loan was used for marital expenses, including medical costs and necessities during the former wife’s pregnancy, and no evidence suggested dissipation or misuse of funds. Furthermore, Florida law does not support the proposition that debt incurred by one spouse alone is automatically considered nonmarital.

Citing previous case law, the court reaffirmed that an unequal distribution of debt must be based on competent, substantial evidence showing waste, fraud, or other justifications for deviation from equal distribution. As the husband failed to present evidence of misuse, the court ruled that the loan should be divided equitably between both parties.

Accordingly, the court reversed the portion of the trial court’s ruling that assigned full responsibility for the loan to the wife and remanded the case for further proceedings consistent with equitable distribution principles.

Consult an Experienced Miami Divorce Attorney

Equitable distribution disputes can significantly impact your financial future. If you are considering seeking a divorce, you should consult an attorney as soon as possible. The experienced Miami divorce attorneys at the Law Offices of Sandy T. Fox, P.A., have ample experience handling complex family law matters, and if you hire us, we will advocate zealously on your behalf. Contact us at 800-596-0579 or use our online form to arrange a conference.