JAMES MOORE, APPELLANT,
v.
JILL MOORE, APPELLEE
PER CURIAM.
The former husband appeals from a final judgment of dissolution of marriage in which the trial court equally divided the parties’ only marital asset but assigned to the former husband most of the marital liabilities. We agree with the former husband that the trial court erred in its allocation of the marital debt without setting forth reasons for the unequal distribution. See Spence v. Spence, 669 So. 2d 1110 (Fla. 1st DCA 1996); Wasserman v. Wasserman, 651 So. 2d 823 (Fla. 4th DCA 1995); Kimm v. Kimm, 650 So. 2d 1119 (Fla. 5th DCA 1995). We reverse the final judgment and remand for a more equitable distribution or for the court to articulate appropriate reasons for the unequal distribution of the parties’ liabilities.
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Carnival Corp. v. Beverly, 744 So. 2d 489 (Fla. 1st DCA 1999)
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Guobaitis v. Sherrer, 18 So. 3d 28 (Fla. 3d DCA 2009)…en findings in support of its distribution.”); Maddox v. Maddox, 750 So. 2d 693, 694 (Fla. 1st DCA 2000) (“A trial court may avoid the obligation to divide marital assets equally by making written findings justifying the decision.”); Moore v. Moore, 679 So. 2d 1311, 1311 (Fla. 3d DCA 1996) (holding that the “trial court erred in its allocation of the marital debt without setting forth reasons for the unequal distribution”); Bell v. Bell, 587 So. 2d 642, 643 (Fla. 1st DCA 1991) (“Absent countervailing circumsta…
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Massam v. Massam, 993 So. 2d 1022 (Fla. 2d DCA 2008)…ssets unequally, provided it supplies specific findings of fact to justify its unequal distribution. See § 61.075(1); Hoirup v. Hoirup, 862 So. 2d 780, 782 (Fla. 2d DCA 2003); Cooper v. Cooper, 639 So. 2d 153, 155 (Fla. 2d DCA 1994); Moore v. Moore, 679 So. 2d 1311, 1311 (Fla. 3d DCA 1996). On remand, the trial court shall revisit its equitable distribution consistent with this opinion. We affirm on the remaining issues without discussion. Reversed and remanded with directions. WALLACE, J., and LEVY, DAVID…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kimm v. Kimm, 650 So. 2d 1119 (Fla. 5th DCA 1995)
- Delbert Spence v. Spence, 669 So. 2d 1110 (Fla. 1st DCA 1996)
- Harper v. State, 651 So. 2d 823 (Fla. 4th DCA 1995)
- Wasserman v. Wasserman, 651 So. 2d 823 (Fla. 4th DCA 1995)