Posted by Nydia Streets of Streets Law in Florida Divorce
What justifies unequal division of assets and debts in a Florida divorce? The person seeking an unequal division has a high burden to meet. When parties live separate financial lives throughout their marriage, this may point to the parties’ intent to keep assets and debts separate. This was an issue in the case Price-Lawrence v. Lawrence, 2D22-2605 (Fla. 2d DCA March 27, 2024).
The parties were married for 12 years by the time of their divorce proceedings. The evidence showed the parties lived completely separate lives for those 12 years, filing taxes separately, and making major purchases (such as real estate) without telling the other. The trial court found it would be inequitable and unjust enrichment to award interest in each spouse’s property to the other. The final judgment memorialized the court’s oral pronouncement except for one finding - "This Court finds that Husband has met his burden that all assets and liabilities of the parties are non[]marital." The former wife argued this was error where the court found many of the parties’ assets were acquired during the marriage and orally ruled that one of the former husband’s vehicle’s was marital. The former husband argued this was a harmless scrivener’s error.
The appellate court reversed the erroneous finding in the final judgment. It first noted “‘[T]he trial court's oral pronouncement must conform to the written judgment.’ Karkhoff v. Robilotta, 309 So. 3d 229, 232 (Fla. 4th DCA 2020) [internal citation omitted]. Where the written judgment conflicts with the oral pronouncement, the oral pronouncement controls. Id.” The court concluded “We cannot agree, however, that all assets and liabilities were nonmarital. It is clear from the record that the trial court found that at least some of the parties' vehicles were marital property. Consequently, the written judgment does not comport with the trial court's oral findings. Former Husband concedes as much. Additionally, if all the assets were nonmarital, there would be no need to justify an unequal distribution. See § 61.075(1). The written final judgment itself is internally inconsistent. Therefore, we reverse the trial court's finding in the written final judgment that all of the parties' assets and liabilities were ‘non[]marital’ and remand for the trial court to enter an amended final judgment that conforms with its oral findings.”
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