YULIA FOREST-KOHL, APPELLANT,
v.
NORMAN DEAN KOHL, APPELLEE

Fla. 4th DCA | 2012-05-23
No. 4D11-698
Taylor, J., Ciklin, J., Gerber, J.
126 So. 3d 1094 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court reversed and remanded a dissolution judgment because the trial court failed to classify the former wife's credit card and student loan debt as marital or non-marital and allocate them in the final distribution.


Holding

A trial court commits reversible error when it fails to classify contested liabilities as either marital or non-marital in a dissolution proceeding.


Headnotes

[1] A trial court commits reversible error when it fails to classify contested liabilities as either marital or non-marital in a dissolution proceeding and fails to make the…

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Facts & Procedural History

During the marriage, Yulia Forest-Kohl accumulated credit card debt and a student loan. The trial court issued a final judgment of dissolution but did…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The former wife, Yulia Forest-Kohl, appeals the final judgment of dissolution, contending, among other things, that the trial court erred in failing to designate her credit card and student loan debt as either marital or non-marital liabilities and allocate them accordingly in the final distribution of marital assets and liabilities. The former wife presented evidence that she accumulated both credit card debt and a student loan during the marriage. However, the court did not address these liabilities in its final judgment. A court commits reversible error when it fails to classify a contested liability as either marital or non-marital. Preudhomme v. Bailey, 82 So.3d 138, 141 (Fla. 4th DCA 2012); § 61.075(3)(a), (b), Fla. Stat. (2008). We reverse and remand for the court to make the necessary statutory findings.1 We affirm all other aspects of the final judgment.

Affirmed in part, Reversed in part, and Remanded for fatrther proceedings.

TAYLOR, CIKLIN and GERBER, JJ„ concur.


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