Florida Statute § 61.075 provides for an equitable distribution of marital assets.  Absent findings of fact to support an unequal distribution of assets, the division should be relatively equal.  In many marriages the major, and sometimes only, asset is the marital home.  This often causes problems in equitable distribution because it is not possible to actually divide the home in half.  If the parties do not have other assets equal to the value in the marital home to offset awarding the home to one party it may be necessary to sell the marital home.

Recognizing that the division of marital assets sometimes requires an equalizing payment in excess of the liquid funds available at the time of divorce, Florida Law provides that this payment may be made in installments.  See Fla. Stat. §61.075(10) (2010).  However, in a recent case the trial court awarded the marital home to the husband, attempting to award the wife her share of the assets through installments payments of $300 a month.  At this rate, she would not have received her full share for eighteen (18) years.  The Second District Court of Appeal found this effectively deprived her of her share of the equitable distribution in violation of Florida Law.

It is important to note that the court may justify and unequal distribution as an award of alimony.  However, the court in this case did not make the requisite findings to justify this distribution.

See, Fotinos v. Fotinos, 36 Fla. L. Weekly D2287 (Fla. 2d DCA 2011).

Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law and Civil Litigation.  He is admitted to practice law in the State of Florida and the Federal Court for the Middle District of Florida. He primarily practices in Lee County Florida in Cape Coral and Fort Myers, Florida.