Posted by Nydia Streets of Streets Law in Florida Divorce
Even when a default is entered against a party in a Florida divorce case or a pleading is stricken, a trial court is still required to make findings regarding equitable distribution pursuant to Fla. Stat. Chp. 61.075. This was an issue in the case Jones v. Jones, 5D2024-2342 (Fla. 5th DCA May 23, 2025).
In this divorce case, the former wife argued it was error for the trial court to strike her counter-petition and to fashion equitable distribution without making required findings. The appellate court affirmed as to the striking of the counter-petition, but reversed as to equitable distribution.
The court held “Unless the parties have executed an agreement, these written findings are mandatory. See § 61.075(3), Fla. Stat. (2022).” The court concluded “Thus, the court committed fundamental error on the face of the judgment by not making ‘specific written findings of fact that identify, classify, value, and distribute the parties’ assets and liabilities.’ [. . .] On remand, the court ‘must make factual findings supporting its classification of the parties’ assets and liabilities as marital or nonmarital.’ See McGowan, 344 So. 3d at 615. It must ‘then set aside the nonmarital assets or liabilities or the nonmarital portions of marital assets before valuing and distributing the marital assets and liabilities between the parties.’ See id. ‘Further, in considering distribution, the court should begin with the statutory presumption that the distribution should be equal.’ See id.”
Schedule your meeting with a Miami family law attorney to determine how the law may apply to the facts of your case.