Posted by Nydia Streets of Streets Law in Florida Divorce
Equitable distribution in a Florida divorce case must comply with Florida Statute Chp. 61.075. Can a party be “punished” in equitable distribution for making what the court determines are unsupported litigation claims? This was an issue in the case Pitamber v. Shivbaran, 3D24-0198 (Fla. 3d DCA May 21, 2025).
In this appellate case, the former wife appealed two issues: (1) the denial of her request for relocation and (2) the award of the marital residence to the former husband. The appellate court summarily affirmed the trial court’s decision as to relocation, but reversed as to equitable distribution, holding “[T]he ruling amounts to an impermissible sanction levied on the former wife for previously contesting the validity of the marriage to no avail.”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.