When you file for a divorce in Fort Lauderdale, Florida, the trial court is required to equitably divide the marital assets. The divorce court in Broward County, Florida should begin the equitable distribution of the marital assets with the assumption of equally dividing what has been acquired during the marriage amongst the Husband Wife. Absent substantial competent evidence to support the unequal distribution or written findings of fact, the Court will be reversed on appeal and remanded with instructions to make the appropriate findings of fact.
In Jalileyan v Jalileyan, a decision released on April 1, 2009 by the Fourth District Court of Appeal, the Final Judgment of Dissolution of Marriage was reversed because the trial court made an unequal distribution of marital assets by awarding the Former Wife an unequal distribution of the marital assets without any factual findings to explain or justify the award. Additionally, there was no competent substantial evidence to support the unequal distribution of marital assets.
In Broward County and in the State of Florida, in order to award the Husband or Wife an equal distribution of the marital assets, the Court must consider the following and make written findings to support its award as set forth in Florida Statute § 61.075:
(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.