Matthew Lane & Associates, P.A.

Division of Property and Assets in Palm Beach Gardens, Florida

In making a division of property and assets in a dissolution of marriage proceeding in Florida, for the trial court to award an unequal distribution of marital property and assets, the trial court must issue findings of fact on all ten statutory factors. In Watson v. Watson the Florida Court of Appeal recently stated: 

"Rather, the statute provides that an unequal distribution can be made if it is justified after 'all relevant factors' have been considered, including the factors contained in section 61.075(1)(a)-(j). See Boutwell, 920 So. 2d at 153; see also Wagner v. Wagner, 61 So. 3d 1141, 1143 (Fla. 1st DCA 2011), reh'g denied, (holding that trial courts must consider the ten factors listed in section 61.075(1) when crafting an unequal distribution of marital assets). In the Final Judgment section entitled 'Findings Relative to Equitable Distribution,' it is apparent that the trial court considered the factors described in subparts (a), (b), (c), and (f) of section 61.075(1)... Nonetheless, it is evident that the Final Judgment does not address those mandatory factors listed in subparts (d), (e), (g), (h), or (i) of section 61.075(1). Due to the omission of these statutorily mandated findings, we remand the equitable distribution portion of the Final Judgment to allow the trial court to make the requisite findings and, if necessary, craft a new equitable distribution scheme."

To speak with a divorce attorney in Palm Beach Gardens, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273

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