PEGGY VAN BOVEN, APPELLANT,
v.
DR. JOHN VAN BOVEN, III, M.D., APPELLEE
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Florida appellate court affirmed a dissolution judgment but reversed and remanded the equitable distribution of marital assets, requiring the trial court to make findings and distribute assets accumulated during the marriage.
A trial court must make an equitable distribution of marital assets accumulated during marriage or provide written findings justifying the failure to do so.
[1] A trial court must make an equitable distribution of marital assets accumulated during the marriage or provide findings justifying the omission of such distribution.
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Join FLexlaw to unlock all legal intelligencePeggy and Dr. John Van Boven were divorced; the wife had no assets at the time of dissolution while the husband held assets accumulated during the mar…
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PER CURIAM.
This is an appeal from a final judgment of dissolution. We approve all of the awards of the trial court except the trial court’s failure to make any provision for an equitable distribution of the assets accumulated by the parties during the course of the marriage or to make findings justifying the lack of such a provision. Tronconi v. Tronconi, 425 So. 2d 547 (Fla. 4th DCA 1982). On the record before us it appears that the wife was entitled to some distribution of the marital assets held in the husband’s name since it appears to be undisputed that those assets were accumulated during the marriage and the wife was without assets at the time of dissolution. We decline to make any assessment as to what distribution, if any, should take place, but instead remand this cause with directions that the court make some equitable distribution of the assets accumulated during the marriage. Conner v. Conner, 439 So. 2d 887 (Fla.1983). The trial court, in its discretion, may direct the receipt of further evidence or arguments from the parties or may resolve the matter on the existing record.
Accordingly, we affirm in part, reverse in part and remand this cause for further proceedings in accord herewith.
ANSTEAD, C.J., HURLEY, J., and GREEN, OLIVER, L., Jr., Associate Judge, concur.
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Barrs v. Barrs, 505 So. 2d 602 (Fla. 1st DCA 1987)…y the trial court accomplished an equitable distribution that conforms with the law of Florida. Our appellate courts have stated that a trial court cannot ignore a request for equitable distribution in a marriage dissolution. Van Boven v. Van Boven, 453 So. 2d 937 (Fla. 4th DCA 1984). The matter should be given good faith consideration and if the trial judge concludes that no equitable distribution is appropriate, he should “make findings justifying the lack of such a provision.” Smith v. Smith, 487 So. 2d 33…1 / 2
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Danoff v. Burton H. Danoff, 501 So. 2d 1361 (Fla. 4th DCA 1987)…In the instant case, it does not appear that the court considered the above factors or even made any equitable distribution of the marital assets. Nor did the court make any findings to justify the lack of such provision. See Van Boven v. Van Boven, 453 So. 2d 937 (Fla. 4th DCA 1984). [*1364] In Van Boven v. Van Boven, supra, this court remanded the matter to the trial court, holding that the wife was entitled to some distribution of the marital assets held in the husband’s name since those assets were accumu…1 / 2
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Smith v. Smith, 487 So. 2d 339 (Fla. 4th DCA 1986)…re the marriage, and enjoys a large income. In the same year as the marriage took place, he created a pension plan for his professional association into which he contributed $175,000 during the period the marriage lasted. In Van Boven v. Van Boven, 453 So. 2d 937 (Fla. 4th DCA 1984), we held it to be error not to consider the equitable distribution of assets acquired during the marriage. Certainly, the contributions to his pension plan were such. See Hirst v. Hirst, 452 So. 2d 1083 (Fla. 4th DCA 1984). Accor…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Doyle Edward Conner v. Conner, 439 So. 2d 887 (Fla. 1983)
- Tronconi v. Tronconi, 425 So. 2d 547 (Fla. 4th DCA 1982)