SAUL SILBER, APPELLANT,
v.
ESTHER NEGRIN F/K/A ESTHER NEGRIN SILBER, APPELLEE
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Florida appellate court reversed a dissolution judgment's asset distribution because it resulted in unequal division despite language suggesting equal intent, and reversed provisions regarding rental advances and contact restrictions unsupported by evidence or request.
A trial court's asset distribution in a dissolution of marriage must either divide marital assets equally or provide written findings justifying unequal division, and provisions not requested by parties or supported by evidence must be reversed.
[1] A trial court's asset distribution in a dissolution of marriage must either divide marital assets equally or provide written findings justifying any unequal division under Fla. …
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Join FLexlaw to unlock all legal intelligenceA former husband appealed an amended final judgment of dissolution of marriage in which the trial court's asset distribution resulted in the former wi…
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WEBSTER, J.
The former husband seeks review of an amended final judgment of dissolution of marriage. He raises ten issues. Although language in the amended final judgment suggests an intent on the part of the trial court to divide the marital assets equally, as the former wife concedes, the actual distribution results in her receiving some $26,000.00 more than the former husband. Accordingly, we reverse the distribution of assets, and remand with directions that the trial court either divide the assets equally or make written findings justifying its decision not to do so. § 61.075(3), Fla. Stat. (1997). Because, as the former wife further concedes, the trial court incorrectly calculated the amount which it treated as an advance of marital assets on account of rentals taken by the former husband from the Rocky Point apartments, we also reverse as to that issue. On remand, we direct the trial court to reconsider the issue. Finally, because neither party requested such a provision and no evidence was presented to support it, we reverse paragraph 5 of the amended final judgment, which prohibited “direct contact between” the parties. Having carefully considered the remaining issues raised by the former husband, we find them to be without merit.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
JOANOS and PADOVANO, JJ., CONCUR.
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Maddox v. Maddox, 750 So. 2d 693 (Fla. 1st DCA 2000)…failure to make the specific findings concerning the distribution would be viewed as harmless error). A trial court may avoid the obligation to divide marital assets equally by making written findings justifying the decision. See Silber v. Negrin, 745 So. 2d 523 (Fla. 1st DCA 1999). The reviewing court should determine whether competent substantial evidence supports the equitable distribution of marital assets. See Kaplan v. Kaplan, 744 So. 2d 1201 (Fla. 1st DCA 1999). The standard of review is whether the…
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Silber v. Negrin, 845 So. 2d 1032 (Fla. 1st DCA 2003)…s. Accordingly, we re-issue the order imposing sanctions. No motion for rehearing will be entertained by the court. The marriage of the parties was dissolved and this court affirmed the final judgment in part and reversed in part. Silber v. Negrin, 745 So. 2d 523 (Fla. 1st DCA 1999). Former husband appeals the amended judgment that was entered on remand, and former wife cross-appeals. After the initial brief was filed, the ap-pellee/cross-appellant, represented by Michael W. Jones, moved for and received an…