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In the final judgment of divorce, the court awarded the wife 90% of the marital estate. Is this grounds for appeal in Florida?

Stuart, FL |

In what I see as not following Florida Statute 61.075, the court stated: "The distribution of marital assets and liabilities favors the wife because the wife provided the sole support of some of the marital assets and liabilities during the pendency of this action, including without limitation the marital home, child expenses, and the timeshares, and because the wife is awarded all the marital debt." The court also awarded wife a $22k set off for the support of the Marital estate during the pendency of the action (17 months). Taking into consideration ALL assets and liabilities as filed by Husband and Wife and even giving wife ALL marital debt (primarily mortgage on marital home). The net result was 90% to wife and 10% to husband. No adultery or other factors were found.

Attorney Answers 4


  1. Best answer

    The presumption is that the assets and liabilities are to be equally (50/50) distributed. It is the burden of proof on the party asking for more than 50% to prove why he/she is entitled to a greater share and it is a difficult burden to overcome. The court must make specific finding of fact as to why 90% of the assets were awarded to the wife. This appears to be an appealable issue.


  2. Once the court has determined the extent of the marital property it will resolve the property dispute by making an equitable distribution of the property. The court will divide the property 50/50 between the couple unless there are factors that would make a 50/50 split inequitable. Some of the factors the court will consider are:

    • The length of the marriage
    • The assets and debts each spouse contributed to the marriage
    • Homemaking and child care contributions provided by each spouse during the marriage
    • The financial condition of each spouse
    • The negative effect on the career or education of either spouse as a result of the divorce
    • A spouse's desire or interest in a particular asset
    • Waste or destruction of marital assets by a spouse

    You may be able to appeal the judges decision. However, without a complete review of all the facts of your situation it will be difficult to determine how successful the appeal will be.

    **This response is not intended to provide legal advice, nor is it intended to be a solicitation for legal advice. NO reader should consider the information contained herein to be an invitation for creation of an attorney-client relationship, and you should not rely on information provided. The information provided is for general information purposes only, this response should NOT be taken as legal advice for any individual case or situation. If you have a legal question, you should seek the advice of a licensed attorney in your state.


  3. I think an attorney would need to review the Final Judgement to see what exact findings the court made, but if the court distributed property in a way that resulted in such a disparity, it can definitely be appealed. I would consult with a lawyer right away as your time to appeal is limited.


  4. It sounds suspicious - and there may be a possible appeal there ... but it is hard to say more without reviewing the complete final judgment and discussing the trial with you. Was there a court reporter present for the trial?

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