Posted by Nydia Streets of Streets Law in Florida Divorce
Must equitable distribution in a Florida divorce result in an equal division of property and debts? Not always. Equitable does not mean equal. Equitable means what is fair under the circumstances. This was an issue in the case Pringle v. Pringle, 3D22-1464 (Fla. 3d DCA December 13, 2023).
In this divorce case, the trial court awarded the entire mortgage debt on a marital home to the former husband. In doing so, it cited his “ousting the Former Wife from the home, resulting in her having to pay for a new place to live while also depriving her of the opportunity to collect rent from the third parties the Former Husband unilaterally allowed to live there after she left.” The former husband appealed.
The appellate court noted “The law in this area is clear, the distribution of a martial asset or liability does not have to be equal. While there is a statutory presumption in favor of equal distribution, distribution is ultimately a discretionary function of the trial court, based on its evaluation of the factors in § 61.075(1), Florida Statutes. [. . .] In its judgment, the trial court made lengthy findings pursuant to § 61.075(1), Florida Statutes, detailing the intentional conduct of the Former Husband that resulted in its decision to unequally distribute the interests in the marital home. [. . .] We find no abuse of discretion in the trial court’s determination that these actions justified an unequal distribution.”
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