JAMES P. SHEPARD, APPELLANT,
v.
LINDA L. SHEPARD, APPELLEE
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The court held that a final judgment of dissolution must provide justification for an unequal distribution of marital assets.
[1] An equal division of marital assets is the starting point for equitable distribution unless the trial court provides justifications for an unequal division.
[2] A trial court must express justifications for any disparate treatment in the equitable distribution of marital assets.
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POLEN, Judge.
James P. Shepard, former husband, appeals a final judgment dissolving a twenty-eight year marriage, the last seven years of which the parties were separated. Mr. Shepard argues that the trial court erred in awarding the appellee/former wife between sixty and sixty-three percent (60-63%) of the marital assets while requiring him to pay appellee $400 per week as permanent periodic alimony. (He had been paying Mrs. Shepard $300-$400 per week throughout the parties’ seven-year separation.) We reverse.
In Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980), the Florida Supreme Court mandated that marital assets be equitably distributed. This has since been codified by statute. Section 61.075, Fla. Stat. (Fla.1989). This court has decreed in Bobb v. Bobb, 552 So. 2d 334 (Fla. 4th DCA 1989) that the starting point (and perhaps the finale), in equitably distributing marital assets is an even division of such assets unless the trial court expresses justifications for an unequal division. “If the trial court starts with a proposition of an equal division of marital assets and then sets forth a justification for disparate treatment which comports with reason and logic (the Canakaris standard), then the trial court has appropriately exercised its judicial discretion.” Id. at 336.
We reverse because the final judgment of dissolution that is the subject of this appeal does not set forth a justification for the disparate treatment accorded these parties. On remand the trial court should determine whether justification for its distribution of the marital assets exists, and if so, express that justification.
While we find no error in the award of $400 per week permanent periodic alimony, the trial court, in reconsidering the equitable distribution of the marital assets, should be able to reassess “the whole picture.” Thus, if the trial court determines to change the asset distribution, he may also wish to adjust the alimony award correspondingly.
REVERSED and REMANDED.
DELL and GUNTHER, JJ., concur.
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Brock v. Newman Brock, 690 So. 2d 737 (Fla. 5th DCA 1997)…a.1985); McIntyre v. McIntyre, 434 So. 2d 61 (Fla. 5th DCA 1983); DeCenzo v. DeCenzo, 433 So. 2d 1316 (Fla. 3d DCA 1983); . Cooper v. Cooper, 639 So. 2d 153 (Fla. 2d DCA 1994); Dyson v. Dyson, 597 So. 2d 320 (Fla. 1st DCA 1992); Shepard v. Shepard, 584 So. 2d 1123 (Fla. 4h DCA 1991); Moore v. Moore, 543 So. 2d 252 (Fla. 5th DCA 1989); Carroll v. Carroll, 471 So. 2d 1358 (Fla. 3d DCA), rev. denied, 482 So. 2d 347 (Fla.1985).…
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Stavros Konsoulas v. Konsoulas, 904 So. 2d 440 (Fla. 4th DCA 2005)…tribution and that an unequal equitable distribution was also entered by mistake. Equitable distribution should result in an even division of assets [*444] unless the trial court makes findings supporting an unequal distribution. Shepard v. Shepard, 584 So. 2d 1123, 1124 (Fla. 4th DCA 1991); Weimer v. Weimer, 677 So. 2d 86, 88 (Fla. 4th DCA 1996). Here, no findings support an unequal distribution. Terri does not dispute that an equal distribution should have resulted and suggests a reduction in her share of th…
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Weimer v. Weimer, 677 So. 2d 86 (Fla. 4th DCA 1996)…based on all relevant factors. “[T]he starting point (and perhaps the finale), in equitably distributing marital assets is an even division of such assets unless the trial court expresses justifications for an unequal division.” Shepard v. Shepard, 584 So. 2d 1123, 1124 (Fla. 4th DCA 1991). Such a justification must “comport with reason and logic.” Lagstrom v. Lagstrom, 662 So. 2d 756, 757 (Fla. 4th DCA 1995). “In view of the law’s bias toward equal distribution of marital assets to the parties, it is particu…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Bobb v. Bobb, 552 So. 2d 334 (Fla. 4th DCA 1989)