CRISOFORO ESTRADA, JR.
v.
ANA LUZ GARCIA
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Crisoforo Estrada appeals a final judgment of dissolution, arguing the trial court failed to make required statutory findings of fact regarding the distribution of marital assets and alimony. The appellate court agrees and reverses, holding that failure to make statutory findings regarding marital asset distribution and alimony factors is reversible error.
Failure to make statutory findings of fact as required by sections 61.075 and 61.08 of the Florida Statutes is reversible error. The court must make specific written findings of fact relative to the statutory factors before rendering decisions on unequal distributions and alimony awards.
“[A]ny 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).”
Establishes the statutory requirement for written findings of fact supporting asset distribution
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Join FLexlaw to unlock all legal intelligenceCrisoforo Estrada, Jr. and Ana Luz Garcia were parties to a dissolution of marriage proceeding. The trial court issued an amended final judgment of di…
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BOKOR, J. Crisoforo Estrada, the former husband, appeals an amended final judgment of dissolution. His unopposed brief highlights several errors and omissions in the judgment, including a failure to consider all required factors before rendering an unequal distribution and alimony award. See § 61.075(3), Fla. Stat. (“[A]ny 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. . . ."); § 61.08(2)(b), Fla. Stat. (“When determining a support, maintenance, or alimony claim, the court shall include written findings of fact relative to the factors provided in subsection (3) supporting an award or denial of support, maintenance, or alimony . . . .”).
"Failure to make statutory findings is reversible error.” Rojas v. Otero, 399 So. 3d 1160, 1163 (Fla. 3d DCA 2024). Thus, we reverse and remand for the trial court to make specific findings in accordance with sections 61.075 and 61.08.
Reversed and remanded.
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Crisoforo Estrada, Jr. v. Garcia (Fla. 3d DCA 2026)…e court shall include written findings of fact relative to the factors provided in subsection (3) supporting an award or denial of support, maintenance, or alimony . . . .”). "Failure to make statutory findings is reversible error.” Rojas v. Otero, 399 So. 3d 1160, 1163 (Fla. 3d DCA 2024). Thus, we reverse and remand for the trial court to make specific findings in accordance with sections 61.075 and 61.08. Reversed and remanded.…
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Williams v. Williams (Fla. 4th DCA 2026)
Authorities Cited
- Crisoforo Estrada, Jr. v. Garcia (Fla. 3d DCA 2026)