Posted by Nydia Streets of Streets Law in Florida Divorce
When alimony and equitable distribution are considered in a Florida divorce, there are certain statutory findings that may be required in the final judgment. This was an issue in the case Estrada v. Garcia, 3D25-0101 (Fla. 3d DCA February 18, 2026).
In this divorce case, no background information is given, but it appears the former husband appealed an amended final judgment due to the court’s failure to make statutory findings to support an unequal division of assets and debts and an award of alimony. The appellate court reversed, noting “See § 61.075(3), Fla. Stat. (‘[A]ny distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1). The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following . . . .’); § 61.08(2)(b), Fla. Stat. (‘When determining a support, maintenance, or alimony claim, the court shall include written findings of fact relative to the factors provided in subsection (3) supporting an award or denial of support, maintenance, or alimony . . . .’).”
The court concluded “‘Failure to make statutory findings is reversible error.’ Rojas v. Otero, 399 So. 3d 1160, 1163 (Fla. 3d DCA 2024). Thus, we reverse and remand for the trial court to make specific findings in accordance with sections 61.075 and 61.08.”
Nothing in this article is legal advice. For legal advice specific to your case, schedule a meeting with a Miami family law attorney.