Posted by Nydia Streets of Streets Law in Florida Divorce
Florida Statute 61.075 requires that the court make findings related to equitable distribution in a Florida divorce. Without these findings, a Florida divorce judgment may be subject to appeal. This was an issue in the case Salazar v. Franco, 3D24-1051 (Fla. 3rd DCA April 16, 2025).
The former wife appealed two final judgments entered in her divorce case and a denial of her motion for rehearing. The first judgment contained contradictions while the second judgment did not include findings regarding equitable distribution, but awarded the former husband all of the marital business assets. The appellate court reversed, citing Rodriguez v. Rodriguez, 994 So. 2d 1157, 1160 (Fla. 3d DCA 2008) (“The distribution of marital assets and liabilities must be supported by ‘factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in [section 61.075(1) ].’”).
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.