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Florida Statute 61.075 | Lawyer Caselaw & Research
F.S. 61.075 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.075
61.075 Equitable distribution of marital assets and liabilities.
(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:
(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.
(2) If the court awards a cash payment for the purpose of equitable distribution of marital assets, to be paid in full or in installments, the full amount ordered shall vest when the judgment is awarded and the award shall not terminate upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt owed from the obligor or the obligor’s estate to the obligee or the obligee’s estate, unless otherwise agreed to by the parties.
(3) In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any 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:
(a) Clear identification of nonmarital assets and ownership interests;
(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;
(c) Identification of the marital liabilities and designation of which spouse shall be responsible for each liability;
(d) Any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities.
(4) The judgment distributing assets shall have the effect of a duly executed instrument of conveyance, transfer, release, or acquisition which is recorded in the county where the property is located when the judgment, or a certified copy of the judgment, is recorded in the official records of the county in which the property is located.
(5) If the court finds good cause that there should be an interim partial distribution during the pendency of a dissolution action, the court may enter an interim order that shall identify and value the marital and nonmarital assets and liabilities made the subject of the sworn motion, set apart those nonmarital assets and liabilities, and provide for a partial distribution of those marital assets and liabilities. An interim order may be entered at any time after the date the dissolution of marriage is filed and served and before the final distribution of marital and nonmarital assets and marital and nonmarital liabilities.
(a) Such an interim order shall be entered only upon good cause shown and upon sworn motion establishing specific factual basis for the motion. The motion may be filed by either party and shall demonstrate good cause why the matter should not be deferred until the final hearing.
(b) The court shall specifically take into account and give appropriate credit for any partial distribution of marital assets or liabilities in its final allocation of marital assets or liabilities. Further, the court shall make specific findings in any interim order under this section that any partial distribution will not cause inequity or prejudice to either party as to either party’s claims for support or attorney’s fees.
(c) Any interim order partially distributing marital assets or liabilities as provided in this subsection shall be pursuant to and comport with the factors in subsections (1) and (3) as such factors pertain to the assets or liabilities made the subject of the sworn motion.
(d) As used in this subsection, the term “good cause” means extraordinary circumstances that require an interim partial distribution.
(6) As used in this section:
(a)1. “Marital assets and liabilities” include:
a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.
b. The enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.
c. The paydown of principal of a note and mortgage secured by nonmarital real property and a portion of any passive appreciation in the property, if the note and mortgage secured by the property are paid down from marital funds during the marriage. The portion of passive appreciation in the property characterized as marital and subject to equitable distribution is determined by multiplying a coverture fraction by the passive appreciation in the property during the marriage.
(I) The passive appreciation is determined by subtracting the value of the property on the date of the marriage or the date of acquisition of the property, whichever is later, from the value of the property on the valuation date in the dissolution action, less any active appreciation of the property during the marriage as described in sub-subparagraph b., and less any additional encumbrances secured by the property during the marriage in excess of the first note and mortgage on which principal is paid from marital funds.
(II) The coverture fraction must consist of a numerator, defined as the total payment of principal from marital funds of all notes and mortgages secured by the property during the marriage, and a denominator, defined as the value of the subject real property on the date of the marriage, the date of acquisition of the property, or the date the property was encumbered by the first note and mortgage on which principal was paid from marital funds, whichever is later.
(III) The passive appreciation must be multiplied by the coverture fraction to determine the marital portion of the passive appreciation of the property.
(IV) The total marital portion of the property consists of the marital portion of the passive appreciation, the mortgage principal paid during the marriage from marital funds, and any active appreciation of the property during the marriage as described in sub-subparagraph b., not to exceed the total net equity in the property at the date of valuation.
(V) The court shall apply the formula specified in this subparagraph unless a party shows circumstances sufficient to establish that application of the formula would be inequitable under the facts presented.
d. Interspousal gifts during the marriage.
e. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.
2. All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.
3. All personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. In the event a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.
4. The burden of proof to overcome the gift presumption shall be by clear and convincing evidence.
(b) “Nonmarital assets and liabilities” include:
1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;
2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;
3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset;
4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and
5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a nonmarital liability only of the party having committed the forgery or having affixed the unauthorized signature. In determining an award of attorney’s fees and costs pursuant to s. 61.16, the court may consider forgery or an unauthorized signature by a party and may make a separate award for attorney’s fees and costs occasioned by the forgery or unauthorized signature. This subparagraph does not apply to any forged or unauthorized signature that was subsequently ratified by the other spouse.
(7) The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage. The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.
(8) All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities. Such presumption is overcome by a showing that the assets and liabilities are nonmarital assets and liabilities. The presumption is only for evidentiary purposes in the dissolution proceeding and does not vest title. Title to disputed assets shall vest only by the judgment of a court. This section does not require the joinder of spouses in the conveyance, transfer, or hypothecation of a spouse’s individual property; affect the laws of descent and distribution; or establish community property in this state.
(9) The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party. After the determination of an equitable distribution of the marital assets and liabilities, the court shall consider whether a judgment for alimony shall be made.
(10)(a) To do equity between the parties, the court may, in lieu of or to supplement, facilitate, or effectuate the equitable division of marital assets and liabilities, order a monetary payment in a lump sum or in installments paid over a fixed period of time.
(b) If installment payments are ordered, the court may require security and a reasonable rate of interest or may otherwise recognize the time value of the money to be paid in the judgment or order.
(c) This subsection does not preclude the application of chapter 55 to any subsequent default.
(11) Special equity is abolished. All claims formerly identified as special equity, and all special equity calculations, are abolished and shall be asserted either as a claim for unequal distribution of marital property and resolved by the factors set forth in subsection (1) or as a claim of enhancement in value or appreciation of nonmarital property.
History.s. 1, ch. 88-98; s. 2, ch. 91-246; s. 3, ch. 93-188; s. 1, ch. 94-204; s. 1, ch. 96-305; s. 1, ch. 2002-244; s. 1, ch. 2008-46; s. 1, ch. 2018-56.

F.S. 61.075 on Google Scholar

F.S. 61.075 on Casetext

Amendments to 61.075


Arrestable Offenses / Crimes under Fla. Stat. 61.075
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.075.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TRITSCHLER, v. TRITSCHLER,, 273 So. 3d 1161 (Fla. App. Ct. 2019)

. . . 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 . . .

KING, v. KING,, 273 So. 3d 233 (Fla. App. Ct. 2019)

. . . 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 . . .

GOLEY, v. GOLEY,, 272 So. 3d 800 (Fla. App. Ct. 2019)

. . . Analysis " Section 61.075(1), Florida Statutes, 'requires that the trial court distribute marital assets . . . Id. ; see also § 61.075(1), Fla. Stat. . . .

DORSEY, II, v. DORSEY,, 266 So. 3d 1282 (Fla. App. Ct. 2019)

. . . 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 . . .

ROWE- LEWIS, v. LEWIS,, 267 So. 3d 1039 (Fla. App. Ct. 2019)

. . . See § 61.075(3), Fla. . . .

PEARSON, v. PEARSON,, 268 So. 3d 863 (Fla. App. Ct. 2019)

. . . 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). . . .

MATTISON, v. MATTISON,, 266 So. 3d 258 (Fla. App. Ct. 2019)

. . . See § 61.075(7), Fla. Stat. (2017). . . .

ABITBOL, v. BENARROCH,, 273 So. 3d 147 (Fla. App. Ct. 2019)

. . . and (3) Abitbol's only option is to seek equitable distribution of the marital estate under section 61.075 . . .

J. MATTHEWS, v. L. MATTHEWS,, 264 So. 3d 355 (Fla. App. Ct. 2019)

. . . See § 61.075(1) (listing factors that would justify a departure from equal distribution). . . .

SARAZIN, v. SARAZIN,, 263 So. 3d 273 (Fla. App. Ct. 2019)

. . . Under section 61.075(1)(i), Florida Statutes, courts must consider "intentional dissipation ... of marital . . .

RAWSON, v. L. RAWSON,, 264 So. 3d 325 (Fla. App. Ct. 2019)

. . . 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 . . .

MOODY, v. NEWTON,, 264 So. 3d 292 (Fla. App. Ct. 2019)

. . . See § 61.075(h), Fla. . . .

JULIA, v. JULIA,, 263 So. 3d 795 (Fla. App. Ct. 2019)

. . . ." § 61.075(6)(a)1.d., Fla. Stat. (2017). . . .

PALMATEER, v. PALMATEER,, 260 So. 3d 476 (Fla. App. Ct. 2018)

. . . See § 61.075(6)(a)(1)(d), Fla. . . .

S. GARRISON, v. GARRISON,, 255 So. 3d 877 (Fla. App. Ct. 2018)

. . . 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) . . .

FREDERICK, v. FREDERICK,, 257 So. 3d 1105 (Fla. App. Ct. 2018)

. . . (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 . . .

MATYJASZEK, v. R. MATYJASZEK,, 255 So. 3d 372 (Fla. App. Ct. 2018)

. . . 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). . . .

COOLEY, v. COOLEY,, 253 So. 3d 1223 (Fla. App. Ct. 2018)

. . . 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 . . .

V. DISTEFANO, v. L. DISTEFANO,, 253 So. 3d 1178 (Fla. App. Ct. 2018)

. . . 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 . . .

S. KNECHT, v. PALMER,, 252 So. 3d 842 (Fla. App. Ct. 2018)

. . . ." § 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 . . .

VAUGHN, v. VAUGHN,, 250 So. 3d 126 (Fla. App. Ct. 2018)

. . . 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.). . . .

LOPEZ, v. HERNANDEZ,, 252 So. 3d 266 (Fla. App. Ct. 2018)

. . . 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) . . .

MAHONEY, v. MAHONEY,, 251 So. 3d 977 (Fla. App. Ct. 2018)

. . . 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 . . .

N. LOVELASS f k a v. HUTCHINSON,, 250 So. 3d 701 (Fla. App. Ct. 2018)

. . . ." § 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 . . .

BOUIN, v. DISABATINO,, 250 So. 3d 168 (Fla. App. Ct. 2018)

. . . 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. . . .

DAVIS, v. DAVIS,, 245 So. 3d 810 (Fla. App. Ct. 2018)

. . . Section 61.075(7), Florida Statutes (2016), governs the equitable distribution of marital assets and . . . Id. § 61.075(8). . . .

SUBRAMANIAN, v. SUBRAMANIAN,, 239 So. 3d 719 (Fla. App. Ct. 2018)

. . . ." § 61.075(7), Fla. Stat. (2014). . . .

JONES, v. JONES,, 239 So. 3d 211 (Fla. App. Ct. 2018)

. . . 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 . . .

STUFFT, v. STUFFT,, 238 So. 3d 419 (Fla. App. Ct. 2018)

. . . The distribution of this marital debt is governed by section 61.075(1), Florida Statutes (2014), which . . .

PEREZ, v. PEREZ,, 238 So. 3d 422 (Fla. App. Ct. 2018)

. . . court "awarded" each spouse some of the property that they had jointly deeded to their sons. " Section 61.075 . . .

SORIA, v. L. SORIA,, 237 So. 3d 454 (Fla. App. Ct. 2018)

. . . 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 . . .

W. STEWART, v. STEWART,, 237 So. 3d 450 (Fla. App. Ct. 2018)

. . . 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). . . .

PRICE, v. PRICE,, 233 So. 3d 525 (Fla. Dist. Ct. App. 2018)

. . . with equitable distribution and remand for the trial court to make the findings required by section 61.075 . . .

RAMOS, v. RAMOS,, 230 So. 3d 893 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

SCHROLL, v. B. SCHROLL,, 227 So. 3d 232 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

J. NUGENT, v. E. NUGENT,, 225 So. 3d 994 (Fla. Dist. Ct. App. 2017)

. . . See § 61.075(1), (3), Fla. Stat. (2015); Packo, 120 So.3d at 233. . . .

K. GILLETTE n k a v. G. GILLETTE,, 226 So. 3d 958 (Fla. Dist. Ct. App. 2017)

. . . determine a date for valuation of the asset, and equitably distribute the asset as required by section 61.075 . . .

L. SMITH, v. SMITH,, 226 So. 3d 948 (Fla. Dist. Ct. App. 2017)

. . . .” § 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 . . .

J. FISCHER, v. FISCHER,, 224 So. 3d 919 (Fla. Dist. Ct. App. 2017)

. . . We further reasoned that because section 61.075(1), Florida Statutes (2004), directed the trial court . . .

W. HIGGINS, v. HIGGINS n k a P., 226 So. 3d 901 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

VILARDI, v. VILARDI,, 225 So. 3d 395 (Fla. Dist. Ct. App. 2017)

. . . .” § 61.075(1), Fla. Stat. (2016). . . . . § 61.075(3), Fla. Stat, (2016). . . .

B. HUA, v. H. L. TSUNG,, 222 So. 3d 584 (Fla. Dist. Ct. App. 2017)

. . . 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. . . .

CALLWOOD, v. CALLWOOD,, 221 So. 3d 1198 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

RAPHAEL, v. RAPHAEL,, 221 So. 3d 687 (Fla. Dist. Ct. App. 2017)

. . . Section 61.075(3), Florida Statutes (2016), requires that the court make written findings of fact identifying . . .

LORD, v. LORD,, 220 So. 3d 575 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

MARTINEZ, v. MARTINEZ,, 219 So. 3d 259 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

GOTRO, v. GOTRO,, 218 So. 3d 494 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

K. STEPHENS, v. L. WHITTAKER,, 220 So. 3d 488 (Fla. Dist. Ct. App. 2017)

. . . Pursuant to section 61.075(3), Florida Statutes (2015), a trial court is required to identify the marital . . .

ZIRUOLO, v. D. ZIRUOLO,, 217 So. 3d 1170 (Fla. Dist. Ct. App. 2017)

. . . liabilities must be equal unless an unequal distribution is warranted under the statutory factors listed in § 61.075 . . .

BRUSSOT, v. BRUSSOT,, 214 So. 3d 796 (Fla. Dist. Ct. App. 2017)

. . . The court was required by statute, see § 61.075(3), Fla. . . .

HOOKER, v. I. HOOKER, I. v., 220 So. 3d 397 (Fla. 2017)

. . . 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). . . .

BAIR v. BAIR,, 214 So. 3d 750 (Fla. Dist. Ct. App. 2017)

. . . 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). . . .

PIERRE, v. JONASSAINT,, 212 So. 3d 1131 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

VISCITO, v. VISCITO,, 214 So. 3d 736 (Fla. Dist. Ct. App. 2017)

. . . 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). . . .

CONLIN, v. CONLIN,, 212 So. 3d 487 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

LANDRUM, Jr. v. LANDRUM,, 212 So. 3d 486 (Fla. Dist. Ct. App. 2017)

. . . . § 61.075(6)(a)(l)(a), Fla. Stat. (2014). . . . . § 61.075(6)(b)(l). . . .

RAMADON, v. RAMADON,, 216 So. 3d 26 (Fla. Dist. Ct. App. 2017)

. . . See § 61.075(3) (“In any contested dissolution action wherein a stipulation and agreement has not been . . .

MORGAN, v. MORGAN,, 213 So. 3d 378 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

M. NAVARRO, v. NAVARRO,, 209 So. 3d 74 (Fla. Dist. Ct. App. 2016)

. . . Section 61.075(3), Florida Statutes (2014), requires the trial court to make specific written findings . . . See § 61.075(1), Fla. Stat. . . .

E. GARDINER, v. GARDINER,, 207 So.3d 987 (Fla. Dist. Ct. App. 2016)

. . . 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. . . .

NELSON, n k a v. L. NELSON,, 206 So.3d 818 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

C. HARRIS, v. HARRIS,, 205 So. 3d 873 (Fla. Dist. Ct. App. 2016)

. . . .” § 61.075(6)(a)l.b., Fla. Stat. (2015). . . .

L. KEURST, IV, v. KEURST,, 202 So. 3d 123 (Fla. Dist. Ct. App. 2016)

. . . .; 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 . . .

M. COLEMAN, v. BLAND,, 200 So. 3d 239 (Fla. Dist. Ct. App. 2016)

. . . the “proper disposition” of the marital portion of the pension by considering the factors in section 61.075 . . .

SHUFELT, v. SHUFELT,, 199 So. 3d 504 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

RIDINGS, v. L. RIDINGS,, 198 So. 3d 1128 (Fla. Dist. Ct. App. 2016)

. . . . § 61.075(3)(c), Fla. Stat. (2015). . . .

R. SHAVER, v. T. SHAVER,, 203 So. 3d 932 (Fla. Dist. Ct. App. 2016)

. . . See § 61.075(2), Fla. Stat. (2015); see also Rowland v. . . .

NGUYEN, v. NGUYEN,, 200 So. 3d 783 (Fla. Dist. Ct. App. 2016)

. . . Hodge, 129 So.3d 441, 443 (Fla. 5th DCA 2013); see also § 61.075(3), Fla. . . .

THOMAS, v. MARTINELLO,, 196 So. 3d 1279 (Fla. Dist. Ct. App. 2016)

. . . 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. . . .

H. JORDAN, v. JORDAN,, 199 So. 3d 343 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

RICHARDSON, v. KNIGHT,, 197 So. 3d 143 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

O. BUCKALEW, v. BUCKALEW,, 197 So. 3d 148 (Fla. Dist. Ct. App. 2016)

. . . 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)). . . .

PUCCI, v. JOHNSON,, 194 So. 3d 1103 (Fla. Dist. Ct. App. 2016)

. . . See § 61.075, Fla. Stat. (requiring the court to value and distribute all marital assets). . . .

D. JAEGER, v. M. JAEGER,, 195 So. 3d 414 (Fla. Dist. Ct. App. 2016)

. . . advise the parties or the reviewing court of the trial court’s rationale for the distribution — ” § 61.075 . . .

L. PACHTER, Jr. v. PACHTER,, 194 So. 3d 567 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

STOREY, v. P. STOREY,, 192 So. 3d 670 (Fla. Dist. Ct. App. 2016)

. . . 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)( . . .

V. CILENTI, v. E. CILENTI,, 192 So. 3d 673 (Fla. Dist. Ct. App. 2016)

. . . See § 61.075(6)(b)(i) (defining non-marital liabilities to include “liabilities incurred by either party . . .

SALAZAR, v. M. GIRALDO,, 190 So. 3d 248 (Fla. Dist. Ct. App. 2016)

. . . Given the equitable distribution statute, section 61.075, Florida Statutes (2013), and the fact that, . . .

LARDIZZONE, v. LARDIZZONE,, 190 So. 3d 238 (Fla. Dist. Ct. App. 2016)

. . . See § 61.075(6)(a)l.a., Fla. . . . include “liabilities incurred during the marriage, individually by either spouse or jointly by them,”); § 61.075 . . .

MILLS, v. MILLS,, 192 So. 3d 515 (Fla. Dist. Ct. App. 2016)

. . . . § 61.075(6)(b)5., Fla. Stat. (2014). . . . Section 61.075, provides, in pertinent part: (6)(b) "Nonmarital assets and liabilities” include: 5. . . .

WITT- BAHLS, v. BAHLS,, 193 So. 3d 35 (Fla. Dist. Ct. App. 2016)

. . . . § 61.075(1), Fla. Stat. (2015). . . .

J. NOLAN, v. D. NOLAN,, 188 So. 3d 977 (Fla. Dist. Ct. App. 2016)

. . . remand the final judgment for redistribution of the marital assets and debts in accordance with section 61.075 . . .

C. NEIDITCH, v. M. NEIDITCH,, 187 So. 3d 374 (Fla. Dist. Ct. App. 2016)

. . . Section 61.075(6)(b)(l), Florida Statutes (2013), defines nonmarital assets as those “acquired--... by . . .

MILLER, v. MILLER,, 186 So. 3d 1128 (Fla. Dist. Ct. App. 2016)

. . . . at 584-85 (emphasis added; internal citations, quotation marks, and brackets omitted); see also § 61.075 . . .

MARQUEZ, v. LOPEZ,, 187 So. 3d 335 (Fla. Dist. Ct. App. 2016)

. . . “A trial judge has no duty under section 61.075 to make findings of value if the parties have not presented . . .

FARGHALI, v. FARGHALI, v., 187 So. 3d 338 (Fla. Dist. Ct. App. 2016)

. . . Section 61.075(3)(b) requires the trial court to make a finding of the individual value of significant . . .

M. COLEMAN, v. BLAND,, 187 So. 3d 298 (Fla. Dist. Ct. App. 2016)

. . . the final judgment concerning whether this asset was marital or non-marital, as required by section 61.075 . . .

W. PIERRE, v. C. PIERRE,, 185 So. 3d 1264 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

L. SALITURI, v. A. SALITURI,, 184 So. 3d 1250 (Fla. Dist. Ct. App. 2016)

. . . errors, including: (1) The trial court failed to value all of the assets and debts, contrary to section 61.075 . . .

GOLDMAN, v. GOLDMAN,, 182 So. 3d 722 (Fla. Dist. Ct. App. 2015)

. . . Knecht, 629 So.2d 883, 886 (Fla. 3d DCA 1993) (citing § 61.075(1), Fla. Stat. (1991); Robertson v. . . .

GROMET, v. JENSEN,, 201 So. 3d 132 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

KELLEY, v. KELLEY,, 177 So. 3d 292 (Fla. Dist. Ct. App. 2015)

. . . .” § 61.075(1), Fla. Stat. (2014). . . . unequal distribution of the parties’ assets and liabilities based on factors enumerated in section 61.075 . . .

L. HAHAMOVITCH n k a v. H. HAHAMOVITCH,, 174 So. 3d 983 (Fla. 2015)

. . . 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. . . .

I. HOOKER, v. HOOKER,, 174 So. 3d 507 (Fla. Dist. Ct. App. 2015)

. . . 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). . . .

NIEKAMP, v. NIEKAMP,, 173 So. 3d 1106 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

KYRIACOU, v. KYRIACOU,, 173 So. 3d 1111 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

E. WEAVER, v. WEAVER,, 174 So. 3d 482 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

KEMP, v. KEMP,, 171 So. 3d 243 (Fla. Dist. Ct. App. 2015)

. . . . § 61.075(5), Fla. Stat. (2014); Austin v. Austin, 120 So.3d 669, 675 (Fla. 1st DCA 2013). . . .

SOMASCA, v. SOMASCA,, 171 So. 3d 780 (Fla. Dist. Ct. App. 2015)

. . . 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). . . .

ROSSI, v. F. ROSSI,, 169 So. 3d 1233 (Fla. Dist. Ct. App. 2015)

. . . 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)-[ ( . . .