Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce can be related to an alimony award. For example, a court might award marital property to one spouse in full as lump sum alimony. The court must also take into account what is awarded in equitable distribution before an alimony amount is awarded. This was an issue in the case Garcia v. Ruiz Moreno, 4D2023-0938 (Fla. 4th DCA February 14, 2024).
In this divorce case, the parties’ major asset was a mobile home and lot valued at $66,000.00. At trial, the former husband represented himself. He offered to give the mobile home to the former wife as lump sum alimony. The trial court ultimately awarded the former wife permanent alimony of $275 per month plus the mobile home on the basis that the former husband agreed to give her the mobile home. The former husband appealed, arguing he did not agree to this.
The appellate court considered the trial record which showed the former husband offered the marital home if he had no other obligations to the former wife. The court noted “At one point at the trial, when faced with the prospect of certain financial obligations, the former husband said, ‘in that case I will ask for the mobile home to be sold and then split everything in half.’”
Accordingly, the appellate court concluded the former husband did not agree to give the home to the former wife. It concluded “We reverse the award of the mobile home and lot to the former wife. On remand, the trial court should consider how the disposition of that property should be achieved in the absence of any agreement by the former husband. To do justice between the parties, the trial court may also reconsider or adjust the award of alimony.”
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