The 2023 Florida Statutes (including Special Session C)
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. . . supported by the evidence presented at the bench trial and does not comply with the requirements of section 61.075 . . . Section 61.075(3) provides, in pertinent part: In any contested dissolution action wherein a stipulation . . . Section 61.075(7) provides: The cut-off date for determining assets and liabilities to be identified . . . Since the parties never entered into a valid separation agreement, the plain language of section 61.075 . . . devise a proper equitable distribution scheme that complies with all of the requirements of section 61.075 . . .
. . . Guida, 870 So.2d 222, 224 (Fla. 2d DCA 2004) ; see also § 61.075(3), Fla. Stat. (2016). . . . Section 61.075(1), provides that the distribution of assets and liabilities "should be equal, unless . . . See § 61.075(8) ("All assets acquired and liabilities incurred by either spouse subsequent to the date . . .
. . . Analysis " Section 61.075(1), Florida Statutes, 'requires that the trial court distribute marital assets . . . Id. ; see also § 61.075(1), Fla. Stat. . . .
. . . See § 61.075(1), Fla. . . . Section 61.075(7), Florida Statutes (2017), sets the filing date as a valid cut-off date for determining . . . , and we do not find apparent from this record - such unequal distribution is authorized by section 61.075 . . . year 2015 comports with the presumption of equal distribution of liabilities as provided in section 61.075 . . .
. . . Under section 61.075(7), Florida Statutes (2017), generally, the date for determining whether assets . . . the date of the marriage and not specifically established as nonmarital assets" are marital assets. § 61.075 . . . retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs." § 61.075 . . . See § 61.075(7). However, Former Wife started contributing to her retirement plan as early as 2011. . . . See § 61.075(7). . . .
. . . See § 61.075(7), Fla. Stat. (2017). . . .
. . . and (3) Abitbol's only option is to seek equitable distribution of the marital estate under section 61.075 . . .
. . . See § 61.075(1) (listing factors that would justify a departure from equal distribution). . . .
. . . Under section 61.075(1)(i), Florida Statutes, courts must consider "intentional dissipation ... of marital . . .
. . . As permitted and specifically contemplated by Florida Statutes 61.075(10), the court finds that to do . . . While section 61.075(1), Florida Statutes, instructs the trial court to "begin with the premise that . . . In like manner, section 61.075(10), Florida Statutes, expressly states that the trial court, in order . . .
. . . ." § 61.075(6)(a)1.d., Fla. Stat. (2017). . . .
. . . See § 61.075(6)(a)(1)(d), Fla. . . .
. . . Section 61.075 of the Florida Statutes provides that in any contested dissolution action, the court must . . . make specific written findings identifying, valuing, and distributing marital assets. § 61.075(3)(b) . . .
. . . (citing § 61.075(3), Fla. Stat. (2013) ). . . . Under section 61.075, nonmarital assets and liabilities include "[a]ssets acquired and liabilities incurred . . . marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities." § 61.075 . . .
. . . Section 61.075(6)(a)1.b., Florida Statutes (2014), defines "marital assets and liabilities" as including . . . during the course of the marriage is a marital asset subject to equitable distribution" under section 61.075 . . . marital funds, half the appreciated value at the time of the petition for dissolution was filed, § 61.075 . . . Under section 61.075(6)(a) 1.b., the husband was required to show that there was an "enhancement in value . . . "§ 61.075(6)(a) 1.b., Fla. Stat. (2014). . . .
. . . Section 61.075(1) sets forth factors for the trial court to consider in making this determination, and . . . See § 61.075(3) ; Witt, 74 So.3d at 1129. . . . ." § 61.075(3). The trial court recited the factors of section 61.075(1) and made various findings. . . . See § 61.075(1)(a)-(d). . . . Further, under the catch-all factor, see § 61.075(1)(j), the trial court found that after the Former . . .
. . . In section 61.075, Florida Statutes (2015), "[t]he legislature has set forth a statutory scheme to guide . . . by either party prior to the marriage, and assets acquired ... in exchange for such assets ...." § 61.075 . . . See § 61.075(6)(a)(1)(a) (setting forth that marital assets include "[a]ssets acquired ... during the . . . turn, made the Clendenning home a marital asset subject to equitable distribution pursuant to section 61.075 . . . Again, the Toyota Camry is a marital asset pursuant to section 61.075(6)(a)(1)(a) because it was acquired . . .
. . . ." § 61.075(6)(a)3., Fla. Stat. (2015). . . . Section 61.075(1), Florida Statutes (2015), provides in pertinent part: [I]n distributing the marital . . . marital assets, "it is required to justify such an award based on all relevant factors listed in section 61.075 . . . contribution to or expenditure thereon of marital funds or other forms of marital assets, or both." § 61.075 . . .
. . . Here, the trial court failed to make the requisite section 61.075(3)(d) findings and did not refer to . . . the section 61.075(1) factors in its final judgment as required by the statute. . . . See § 61.075(3)(d), Fla. Stat. . . . (1), as required by section 61.075(3) when 'a stipulation and agreement has not been entered and filed . . . Knight , 197 So.3d 143, 146 (Fla. 4th DCA 2016) (quoting § 61.075(3), Fla. Stat.). . . .
. . . Section 61.075(3) applies to a trial court's distribution of assets, not to the valuation of specific . . . in subsection (1) or as a claim of enhancement in value or appreciation of nonmarital property." § 61.075 . . . Under section 61.075(1), "the court shall set apart to each spouse that spouse's nonmarital assets and . . . The Second District directed the trial court on remand to "apply section 61.075(1) to the facts, make . . . Accordingly, based on Keurst , we reverse and remand for the trial court to "apply section 61.075(1) . . .
. . . Section 61.075(7), Florida Statutes (2016), provides that absent a valid separation agreement, "[t]he . . . cut-off date for identifying the former husband's military retirement as a marital asset under section 61.075 . . .
. . . ." § 61.075(6)(a)(1), Fla. Stat. (2016). . . . The David court noted that section 61.075(1)"expressly authorizes trial courts to enter an unequal distribution . . .
. . . agreement exists between the spouses, the dissolution of marriage statute, specifically, subsection 61.075 . . . While it is true that the remedy for dissipation of marital assets lies via section 61.075(1), see Beers . . . See § 61.075(6)(a), (b)(1); Demont , 67 So.3d at 1104. . . .
. . . Section 61.075(7), Florida Statutes (2016), governs the equitable distribution of marital assets and . . . Id. § 61.075(8). . . .
. . . ." § 61.075(7), Fla. Stat. (2014). . . .
. . . Section 61.075(3), Florida Statutes (2017), requires that "any distribution of marital assets or marital . . . the marriage, and interruption of personal career or education by either party, among many others. § 61.075 . . . Furthermore, section 61.075(3)(d) requires a trial court, in establishing an equitable distribution scheme . . .
. . . The distribution of this marital debt is governed by section 61.075(1), Florida Statutes (2014), which . . .
. . . court "awarded" each spouse some of the property that they had jointly deeded to their sons. " Section 61.075 . . .
. . . Tradler, 100 So.3d 735, 738 (Fla. 2d DCA 2012) ); see also § 61.075(3), Fla. . . . date or dates as the court determines is 'just and equitable under the circumstances.' " (quoting § 61.075 . . .
. . . In equitable distribution under section 61.075(7), Florida Statutes (2015), the trial court has discretion . . . See § 61.075(6)(a) 1.b., Fla. Stat. (2015). . . .
. . . with equitable distribution and remand for the trial court to make the findings required by section 61.075 . . .
. . . Section 61.075(6)(a)l.b., Florida Statutes (2016), states that only the enhanced value of non-marital . . . supported’ by factual findings in the judgment or order based on competent substantial evidence .... ” §' 61.075 . . . marital assets” in this case is “the date of the filing of a petition for dissolution of marriage.” § 61.075 . . .
. . . an unequal distribution based on all relevant factors, including the factors set 'forth in section 61.075 . . . liabilities is the date or dates as the court determines is “just and equitable under the circumstances.” § 61.075 . . .
. . . See § 61.075(1), (3), Fla. Stat. (2015); Packo, 120 So.3d at 233. . . .
. . . determine a date for valuation of the asset, and equitably distribute the asset as required by section 61.075 . . .
. . . .” § 61.075(3), Fla. Stat. (2016). . . . Pursuant to section 61.075(7), Florida Statutes, the court certainly could have done this. . . . See § 61.075(3), Fla. Stat. The court only wrote that a “retirement account” was the source. . . . for rehearing that the trial court failed to take into account any of the factors listed in section 61.075 . . .
. . . We further reasoned that because section 61.075(1), Florida Statutes (2004), directed the trial court . . .
. . . Bardowell, 975 So.2d 628, 629 (Fla. 4th DCA 2008) (citing § 61.075(3); Fla. Stat.). . . . .. by. either party prior to the marriage, and assets acquired .... in exchange for such assets.” § 61.075 . . . See § 61.075(3)(d), Fla. Stat. . . . contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.” § 61.075 . . .
. . . .” § 61.075(1), Fla. Stat. (2016). . . . . § 61.075(3), Fla. Stat, (2016). . . .
. . . certainly can identify marital assets and liabilities, and allocate them to the parties pursuant to section 61.075 . . . See § 61.075(l)(b), Fla. Stat. (2014). Affirmed in part, reversed in part, and remanded. . . .
. . . because the trial court failed to make the required findings regarding the factors enumerated in section 61.075 . . . Section 61.075(1), Florida Statutes, “lists ten separate factors for the trial court to consider when . . . The factors listed in section 61.075(1) “should be used in any contested case to justify any equitable . . . (1), as required by section 61.075(3) when a stipulation and agreement has not been entered and filed . . . Such findings were required by section 61.075(3) because this was a contested' dissolution action in . . .
. . . Section 61.075(3), Florida Statutes (2016), requires that the court make written findings of fact identifying . . .
. . . We reverse because section 61.075, Florida Statutes (2012), required the court to identify and value . . . In a marital dissolution action, section 61.075, Florida Statutes (2012), “expressly requires trial courts . . .
. . . In a dissolution of marriage proceeding, section 61.075(1), Florida Statutes (2015), requires the trial . . . the filing of the petition,” must be considered by the court in distributing the marital assets. § 61.075 . . . Beers, 724 So.2d 109, 115 (Fla. 5th DCA 1998), this court held that section 61.075(1)(i) did not operate . . . dissipation of marital assets occurring more than two years before the filing of the petition, section 61.075 . . . Furthermore, because section 61.075(1)(j) gives the trial court the discretion to claw back marital assets . . .
. . . In equitable distribution under section 61.075(7), Florida Statutes (2015), the trial court may select . . . Different assets may be valued as of different dates in the trial court’s discretion. § 61.075(7), Fla . . .
. . . Pursuant to section 61.075(3), Florida Statutes (2015), a trial court is required to identify the marital . . .
. . . liabilities must be equal unless an unequal distribution is warranted under the statutory factors listed in § 61.075 . . .
. . . The court was required by statute, see § 61.075(3), Fla. . . .
. . . Id. at 515-16 (citing § 61.075, Fla. Stat. (2010)). . . . Section 61.075 provides several ways in which property may be considered marital. . . . See § 61.075(6)(a)1., Fla. Stat. (2016) (defining “marital assets”). . . . See § 61.075, Fla. Stat. . . . See § 61.075(6)(a)l.a.,¡ Fla. Stat. (2016). . . .
. . . increase in value resulting from the Husband’s marital labor constitutes a marital asset under section 61.075 . . . ] ... from the efforts of either party during the marriage.” § 61.075(6)(a)(l)(b). . . .
. . . liabilities without including the value of those items in the final judgment, as is required by section 61.075 . . . Section 61.075(3) clearly provides: In any contested dissolution action wherein a stipulation and agreement . . . Neither of these assets is “clearly identified,” or valued as required by section 61.075(3). . . . reverse and remand for the trial court to amend the final judgment in a manner that complies with section 61.075 . . .
. . . was $690,000.00, and the mortgage balance was $224,448.00. .[1] Applying the provisions of section 61.075 . . . Kaaa, 58 So.3d 867 (Fla. 2010), and section 61.075(6)(a)l.b, Florida Statutes (2015). . . .
. . . Section 61.075(1) provides that “the court shall set apart to each spouse that spouse’s nonmarital assets . . . Section 61.075(3) further provides that “[t]he distribution of all marital assets and marital liabilities . . . the marital liabilities and designation of which spouse shall be responsible for each liability.” § 61.075 . . . Wolf, 979 So.2d 1123, 1125 (Fla. 2d DCA 2008) (“Section 61.075(3) ... requires the trial court to clearly . . . Embry, 650 So.2d 190, 191 (Fla. 2d DCA 1995) (“Section 61.075 ... requires the trial court to set apart . . .
. . . . § 61.075(6)(a)(l)(a), Fla. Stat. (2014). . . . . § 61.075(6)(b)(l). . . .
. . . See § 61.075(3) (“In any contested dissolution action wherein a stipulation and agreement has not been . . .
. . . She argues the court failed to make the specific written findings required by section 61.075, Florida . . . He argues that the trial court complied with section 61.075 by listing its factors in the final judgment . . . court is equitably distributing assets, the starting point is an equal division of those assets. § 61.075 . . . The court listed all the relevant factors under section 61.075, but did not analyze them. . . . marital assets and liabilities, the court shall consider whether a judgment for alimony shall be made,” § 61.075 . . .
. . . Section 61.075(3), Florida Statutes (2014), requires the trial court to make specific written findings . . . See § 61.075(1), Fla. Stat. . . .
. . . With regard to equitable distribution, section 61.075(1), Florida Statutes (2011), provides that a “court . . . liabilities—that a trial court must consider when effecting an unequal distribution of marital property. § 61.075 . . . be supported by factual findings in the judgment or order .., with reference to [these] factors.” § 61.075 . . . equitable distribution or spousal support and made no findings as to the factors identified under sections 61.075 . . . However, special equity was abolished in 2008. § 61.075(11), Fla. . . .
. . . See § 61.075, Fla. Stat. (2015). . . . .” § 61.075(6)(a)(l)(a). . . . by either party prior to the marriage, and assets acquired ... in exchange for such assets .... ” § 61.075 . . . Such presumption is overcome by a showing that the assets . -.. are nonmarital assets —” § 61.075(8). . . . Although the California home became a marital asset pursuant to section 61.075(6)(a)(l)(a) at the time . . .
. . . .” § 61.075(6)(a)l.b., Fla. Stat. (2015). . . .
. . . .; see also § 61.075(11), Fla. . . . Under section 61.075(1), a trial court considering a claim for unequal distribution is required to “begin . . . Indeed, the judgment does not reflect that the trial judge applied section 61.075(1) to the distribution . . . This cannot be construed as an adequate application of section 61.075(1). . . . On remand, the trial court should apply section.61.075(1) to the facts, make its equitable distribution . . .
. . . the “proper disposition” of the marital portion of the pension by considering the factors in section 61.075 . . .
. . . Section 61.075(1), Florida Statutes (2015), provides, in pertinent part, that “[i]n a proceeding for . . . court to justify an unequal distribution of marital assets include those factors contained in section 61.075 . . .
. . . . § 61.075(3)(c), Fla. Stat. (2015). . . .
. . . See § 61.075(2), Fla. Stat. (2015); see also Rowland v. . . .
. . . Hodge, 129 So.3d 441, 443 (Fla. 5th DCA 2013); see also § 61.075(3), Fla. . . .
. . . The trial court failed to make written findings regarding the factors enumerated in section 61.075(1) . . . See § 61.075(3), Fla. Stat. (2014). GROSS, MAY, JJ., and LINDSEY, NORMA S., Associate Judge, concur. . . .
. . . for ordering an unequal distribution of assets and failed to consider the factors required by section 61.075 . . . Under section 61.075(3)(c), Florida Statutes, “[t]he distribution of all marital assets and marital liabilities . . . the marital liabilities and designation of which spouse shall be responsible for each liability.” § 61.075 . . .
. . . Id. § 61.075(1). . . . (1), as required by section 61.075(3) when “a stipulation and agreement has not been entered and filed . . . Id. § 61.075(3); see also Marshall-Beasley v. . . . While compliance with the written findings of fact requirements established in section 61.075(3) is not . . . Viera, 698 So.2d 1308, 1308 (Fla. 5th DCA 1997) (stating that compliance with section 61.075(3) “is not . . .
. . . those assets and liabilities included in-the equitable distribution scheme, as required by section 61.075 . . . Section 61.075(1) states, in pertinent part: (1) In á proceeding for dissolution of marriage, in addition . . . Section 61.075(3) states: (3) In any contested dissolution action wherein a stipulation and agreement . . . Id. § 61.075(3) (emphasis added). . . . Vitro, 122 So.3d 382, 386 (Fla. 4th DCA 2012) (alteration in original) (quoting § 61.075(3)(a)-(d)). . . .
. . . See § 61.075, Fla. Stat. (requiring the court to value and distribute all marital assets). . . .
. . . advise the parties or the reviewing court of the trial court’s rationale for the distribution — ” § 61.075 . . .
. . . marital home expenses prior to sale as a sanction for the Former Husband’s fraud, citing to sections 61.075 . . . Section 61.075(1)0), Florida Statutes (2014), states that one of the factors a trial court can consider . . .
. . . Further, the court should have looked to the statutory provisions of sections 61.075(5)(a) (defining . . . the correct ruling that the amended QDRO was not in compliance with the MSA and final judgment. §§ 61.075 . . . We believe that this gives effect to the statutory definition of marital assets in section 61.075(5)( . . .
. . . See § 61.075(6)(b)(i) (defining non-marital liabilities to include “liabilities incurred by either party . . .
. . . Given the equitable distribution statute, section 61.075, Florida Statutes (2013), and the fact that, . . .
. . . See § 61.075(6)(a)l.a., Fla. . . . include “liabilities incurred during the marriage, individually by either spouse or jointly by them,”); § 61.075 . . .
. . . . § 61.075(6)(b)5., Fla. Stat. (2014). . . . Section 61.075, provides, in pertinent part: (6)(b) "Nonmarital assets and liabilities” include: 5. . . .
. . . . § 61.075(1), Fla. Stat. (2015). . . .
. . . remand the final judgment for redistribution of the marital assets and debts in accordance with section 61.075 . . .
. . . Section 61.075(6)(b)(l), Florida Statutes (2013), defines nonmarital assets as those “acquired--... by . . .
. . . . at 584-85 (emphasis added; internal citations, quotation marks, and brackets omitted); see also § 61.075 . . .
. . . “A trial judge has no duty under section 61.075 to make findings of value if the parties have not presented . . .
. . . Section 61.075(3)(b) requires the trial court to make a finding of the individual value of significant . . .
. . . the final judgment concerning whether this asset was marital or non-marital, as required by section 61.075 . . .
. . . that the court determine the distribution of the couple’s marital assets and liabilities under section 61.075 . . . Section 61.075(3), Florida Statutes, requires that “any distribution of marital assets or marital liabilities . . . based on competent substantial evidence with reference to the factors enumerated in subsection (1).” § 61.075 . . .
. . . errors, including: (1) The trial court failed to value all of the assets and debts, contrary to section 61.075 . . .
. . . Knecht, 629 So.2d 883, 886 (Fla. 3d DCA 1993) (citing § 61.075(1), Fla. Stat. (1991); Robertson v. . . .
. . . See § 61.075(6)(b)2., Fla. . . . Alleged Enhancement in Value of Husband’s Accounts due to Husband’s Marital Efforts and Labor Section 61.075 . . .
. . . .” § 61.075(1), Fla. Stat. (2014). . . . unequal distribution of the parties’ assets and liabilities based on factors enumerated in section 61.075 . . .
. . . And section 61.075, Florida Statutes, addresses the “[ejquitable distribution of marital assets and liabilities . . . This section describes what constitutes marital assets and liabilities. § 61.075(6), Fla. Stat. . . . .” § 61.075(6)(b) 4., Fla. Stat. . . .
. . . distribution, we hold that the trial court made the appropriate findings as required under section 61.075 . . . Section 61.075(1) allows for unequal distribution of an asset when the court finds it is justified based . . . Williams, 686 So.2d 805, 808 (Fla. 4th DCA 1997) (quoting § 61.075(l)(j), Fla. Stat. (1995)). . . . The Court considered the other factors enumerated in Florida Statute § 61.075(1), but primarily relies . . . See § 61.075(3), Fla. Stat. (2010). . . .
. . . See § 61.075(6)(a), Fla. Stat. (2012) (defining marital assets). Ms. . . . during the marriage, it is presumed to be marital unless specifically established as nonmari-tal. § 61.075 . . .
. . . distribution award because the record contains no indication that it considered the factors listed in section 61.075 . . . Section 61.075(1) provides that, in distributing marital assets, “the court must begin with the premise . . . Furthermore, a trial court must consider the remaining factors listed in section 61.075(1) when making . . . Section 61.075(1), Florida Statutes, ... lists ten factors that must be considered.” . . . provide a basis to conclude that the trial court actually considered the factors listed in section 61.075 . . .
. . . Section 61.075(l)(g), Florida Statutes (2013), provides that in setting aside those assets which are . . . supported by competent substantial evidence of the value of the property as is required by section 61.075 . . . Moreover, section 61.075(1), Florida Statutes (2013), provides division of marital assets shall be equal . . .
. . . . § 61.075(5), Fla. Stat. (2014); Austin v. Austin, 120 So.3d 669, 675 (Fla. 1st DCA 2013). . . .
. . . See § 61.075(6)(a)(1)(b), Fla. . . . The Husband’s argument is not supported either by section 61.075 or this court’s precedent, and we reject . . . As the court noted, the legislature amended section 61.075 in 2008 to create a new subsection (5). . . . The language that previously appeared in section 61.075(5)(a)(2) now appears — without substantial change . . . — in section 61.075(6)(a)(l)(b). . . .
. . . The Report included no mention — much less analysis — of the factors enumerated in section 61.075(1), . . . Watson, 124 So.3d 340, 342-43 (Fla. 1st DCA 2013) (quoting § 61.075(1), Fla. Stat.). . . . included findings pertinent to — but not referencing — several of the factors enumerated in section 61.075 . . . (1), the Report clearly omits discussion of subsections 61.075(1)(a), (d), and (e). . . . "[A] trial court's failure to address and reference the factors mandated by sections 61.075(1)(a)-[ ( . . .