Florida Statute 61.075 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.075

61.075 Equitable distribution of marital assets and liabilities.—

(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

(2) If the court awards a cash payment for the purpose of equitable distribution of marital assets, to be paid in full or in installments, the full amount ordered shall vest when the judgment is awarded and the award shall not terminate upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt owed from the obligor or the obligor’s estate to the obligee or the obligee’s estate, unless otherwise agreed to by the parties.

(3) In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any 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:

(a) Clear identification of nonmarital assets and ownership interests;

(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset;

(d) Any other findings necessary to advise the parties or the reviewing court of the trial court’s rationale for the distribution of marital assets and allocation of liabilities.

(4) The judgment distributing assets shall have the effect of a duly executed instrument of conveyance, transfer, release, or acquisition which is recorded in the county where the property is located when the judgment, or a certified copy of the judgment, is recorded in the official records of the county in which the property is located.

(5) If the court finds good cause that there should be an interim partial distribution during the pendency of a dissolution action, the court may enter an interim order that shall identify and value the marital and nonmarital assets and liabilities made the subject of the sworn motion, set apart those nonmarital assets and liabilities, and provide for a partial distribution of those marital assets and liabilities. An interim order may be entered at any time after the date the dissolution of marriage is filed and served and before the final distribution of marital and nonmarital assets and marital and nonmarital liabilities.

(a) Such an interim order shall be entered only upon good cause shown and upon sworn motion establishing specific factual basis for the motion. The motion may be filed by either party and shall demonstrate good cause why the matter should not be deferred until the final hearing.

(b) The court shall specifically take into account and give appropriate credit for any partial distribution of marital assets or liabilities in its final allocation of marital assets or liabilities. Further, the court shall make specific findings in any interim order under this section that any partial distribution will not cause inequity or prejudice to either party as to either party’s claims for support or attorney’s fees.

(c) Any interim order partially distributing marital assets or liabilities as provided in this subsection shall be pursuant to and comport with the factors in subsections (1) and (3) as such factors pertain to the assets or liabilities made the subject of the sworn motion.

(d) As used in this subsection, the term “good cause” means extraordinary circumstances that justify an interim partial distribution. In determining if extraordinary circumstances exist for purposes of this subsection, the court must consider the following:

1. Whether there is a need for funds in order to avoid or prevent the loss of an asset through repossession or foreclosure, the loss of housing, the default by either party of a marital debt, or the levy of a tax lien.

2. Whether there is a need for funds to pay an expense for a dependent child if nonpayment of the expense would be detrimental to the child.

3. Whether one or both parties have a need to access funds in order to pay a reasonable amount of the attorney fees, court costs, or other suit money for maintaining or defending a proceeding under this chapter.

4. Any other circumstances that justify the entry of an order granting an interim partial equitable distribution.

(6) As used in this section:

(a)1. “Marital assets and liabilities” include all of the following:

a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.

b. The enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.

c. The paydown of principal of a note and mortgage secured by nonmarital real property and a portion of any passive appreciation in the property, if the note and mortgage secured by the property are paid down from marital funds during the marriage. The portion of passive appreciation in the property characterized as marital and subject to equitable distribution is determined by multiplying a coverture fraction by the passive appreciation in the property during the marriage.

(I) The passive appreciation is determined by subtracting the value of the property on the date of the marriage or the date of acquisition of the property, whichever is later, from the value of the property on the valuation date in the dissolution action, less any active appreciation of the property during the marriage as described in sub-subparagraph b., and less any additional encumbrances secured by the property during the marriage in excess of the first note and mortgage on which principal is paid from marital funds.

(II) The coverture fraction must consist of a numerator, defined as the total payment of principal from marital funds of all notes and mortgages secured by the property during the marriage, and a denominator, defined as the value of the subject real property on the date of the marriage, the date of acquisition of the property, or the date the property was encumbered by the first note and mortgage on which principal was paid from marital funds, whichever is later.

(III) The passive appreciation must be multiplied by the coverture fraction to determine the marital portion of the passive appreciation of the property.

(IV) The total marital portion of the property consists of the marital portion of the passive appreciation, the mortgage principal paid during the marriage from marital funds, and any active appreciation of the property during the marriage as described in sub-subparagraph b., not to exceed the total net equity in the property at the date of valuation.

(V) The court shall apply the formula specified in this subparagraph unless a party shows circumstances sufficient to establish that application of the formula would be inequitable under the facts presented.

d. Interspousal gifts during the marriage. An interspousal gift of real property may not be made in the absence of a writing that complies with the requirements of s. 689.01. The joinder of a spouse in the execution of a deed with the sole purpose of the conveyance of homestead real property to any person or entity other than the other spouse or both spouses jointly does not change the character of the real property being conveyed, or any proceeds from the sale thereof, to marital property.

e. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.

f. The marital interests in a closely held business. The court shall determine the value of the marital interests in a closely held business as follows:

(I) The standard of value of a closely held business is fair market value. For purposes of this sub-subparagraph, the term “fair market value” means the price at which property would change hands between a willing and able buyer and a willing and able seller, with neither party under compulsion to buy or sell, and when both parties have reasonable knowledge of the relevant facts.

(II) If there is goodwill separate and distinct from the continued presence and reputation of the owner spouse, it is considered enterprise goodwill, which is a marital asset that must be valued by the court.

(III) The court must consider evidence that a covenant not to compete or a similar restrictive covenant may be required upon the sale of the closely held business, but such evidence alone does not preclude the court from finding enterprise goodwill.

2. All real property held by the parties as tenants by the entireties, whether acquired before or during the marriage, is presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof is on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.

3. All personal property titled jointly by the parties as tenants by the entireties, whether acquired before or during the marriage, is presumed to be a marital asset. In the event a party makes a claim to the contrary, the burden of proof is on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.

4. The burden of proof to overcome the gift presumption is by clear and convincing evidence.

(b) “Nonmarital assets and liabilities” include all of the following:

1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.

2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets.

3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset.

4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities.

5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability is a nonmarital liability only of the party having committed the forgery or having affixed the unauthorized signature. In determining an award of attorney fees and costs pursuant to s. 61.16, the court may consider forgery or an unauthorized signature by a party and may make a separate award for attorney fees and costs occasioned by the forgery or unauthorized signature. This subparagraph does not apply to any forged or unauthorized signature that was subsequently ratified by the other spouse.

6. Real property acquired separately by either party by noninterspousal gift, bequest, devise, or descent for which legal title has not been transferred to the parties as tenants by the entireties in accordance with this section.

(7) The cut-off date for determining assets and liabilities to be identified or classified as marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage. The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge’s discretion, the circumstances require.

(8) All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities. Such presumption is overcome by a showing that the assets and liabilities are nonmarital assets and liabilities. The presumption is only for evidentiary purposes in the dissolution proceeding and does not vest title. Title to disputed assets shall vest only by the judgment of a court. This section does not require the joinder of spouses in the conveyance, transfer, or hypothecation of a spouse’s individual property; affect the laws of descent and distribution; or establish community property in this state.

(9) The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party. After the determination of an equitable distribution of the marital assets and liabilities, the court shall consider whether a judgment for alimony shall be made.

(10)(a) To do equity between the parties, the court may, in lieu of or to supplement, facilitate, or effectuate the equitable division of marital assets and liabilities, order a monetary payment in a lump sum or in installments paid over a fixed period of time.

(b) If installment payments are ordered, the court may require security and a reasonable rate of interest or may otherwise recognize the time value of the money to be paid in the judgment or order.

(11) Special equity is abolished. All claims formerly identified as special equity, and all special equity calculations, are abolished and shall be asserted either as a claim for unequal distribution of marital property and resolved by the factors set forth in subsection (1) or as a claim of enhancement in value or appreciation of nonmarital property.

History.—s. 1, ch. 88-98; s. 2, ch. 91-246; s. 3, ch. 93-188; s. 1, ch. 94-204; s. 1, ch. 96-305; s. 1, ch. 2002-244; s. 1, ch. 2008-46; s. 1, ch. 2018-56; s. 1, ch. 2024-237.

F.S. 61.075 on Google Scholar

F.S. 61.075 on CourtListener

Amendments to 61.075

Annotations, Discussions, Cases:

Cases Citing Statute 61.075

Total Results: 899

Esaw v. Esaw

965 So. 2d 1261, 2007 WL 2891417

District Court of Appeal of Florida | Filed: Oct 5, 2007 | Docket: 1509169

Cited 63 times | Published

2d at 344-45. As for equitable distribution, section 61.075(3)(b) requires the trial court to make specific

Chapman v. Chapman

866 So. 2d 118, 2004 WL 384291

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1274038

Cited 55 times | Published

over twenty-five years was purely passive. Section 61.075(5)(a) defines marital assets as including the

Robertson v. Robertson

593 So. 2d 491, 1991 WL 256882

Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 446376

Cited 54 times | Published

Court of Appeal, stated: Further, we note that section 61.075(3)(a)5 specifically provides: All real property

Weisfeld v. Weisfeld

545 So. 2d 1341, 1989 WL 65497

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 1702767

Cited 48 times | Published

workers' compensation, or disability awards. See § 61.075, Fla. Stat. (1987). For the reasons expressed

Roth v. Roth

973 So. 2d 580, 2008 WL 80224

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 2041846

Cited 45 times | Published

final judgment distribute these liabilities. Section 61.075(3), Florida Statutes (2006), requires the trial

Segall v. Segall

708 So. 2d 983, 1998 WL 130021

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 542372

Cited 41 times | Published

LIABILITIES A. Unequal Equitable Distribution Section 61.075(1), Florida Statutes (1993), mandates an equitable

Kennedy v. Kennedy

622 So. 2d 1033, 1993 WL 274013

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 546315

Cited 37 times | Published

practical impact between section 61.08(2) and section 61.075(3). Both require findings of fact that must

Ritter v. Ritter

690 So. 2d 1372, 1997 WL 154284

District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 436648

Cited 31 times | Published

value of this asset on a date determined under section 61.075(6), Florida Statutes (1991), and to include

Zeigler v. Zeigler

635 So. 2d 50, 1994 WL 7456

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 1705425

Cited 31 times | Published

such an award is appropriate. Florida Statutes § 61.075 requires the court in making an equitable distribution

Woodard v. Woodard

634 So. 2d 782, 1994 WL 106575

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 1737690

Cited 28 times | Published

non-marital or marital asset as required by section 61.075(3), Florida Statutes (1993). See Bussey v.

DeLoach v. DeLoach

590 So. 2d 956, 1991 WL 248697

District Court of Appeal of Florida | Filed: Nov 21, 1991 | Docket: 1512607

Cited 28 times | Published

District also cited the recent enactment of Section 61.075(3)(a)(4), Florida Statutes (Supp. 1988), which

Mallard v. Mallard

771 So. 2d 1138, 2000 WL 1707166

Supreme Court of Florida | Filed: Nov 16, 2000 | Docket: 1339373

Cited 27 times | Published

lifestyle. QUINCE, J., concurs. NOTES [1] Section 61.075, Florida Statutes (1993), provides in part:

Harreld v. Harreld

682 So. 2d 635, 1996 WL 629807

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 1680981

Cited 27 times | Published

discuss the deficiencies in the present order. Section 61.075, Florida Statutes (1993), addresses the equitable

Harreld v. Harreld

682 So. 2d 635, 1996 WL 629807

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 1680981

Cited 27 times | Published

discuss the deficiencies in the present order. Section 61.075, Florida Statutes (1993), addresses the equitable

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

property acquired during the marriage (Fla.Stat. § 61.075); the right to hold property as tenants by the

Moon v. Moon

594 So. 2d 819, 1992 WL 26459

District Court of Appeal of Florida | Filed: Feb 19, 1992 | Docket: 1486104

Cited 25 times | Published

marital and which are nonmarital. § 61.075, Fla. Stat. (1989). Section 61.075(4), Florida Statutes (1989) provides:

Simmons v. Simmons

979 So. 2d 1063, 2008 WL 828968

District Court of Appeal of Florida | Filed: Mar 31, 2008 | Docket: 1408380

Cited 24 times | Published

marriage case is regulated in detail by statute. Section 61.075(3), Florida Statutes (2007), states in material

Brock v. Brock

690 So. 2d 737, 1997 WL 154366

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 436601

Cited 24 times | Published

clear interest nor an effective remedy.[5] Section 61.075(3) requires that any distribution of marital

Belmont v. Belmont

761 So. 2d 406, 2000 WL 571426

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 1709333

Cited 22 times | Published

and which remains titled solely in his name. Section 61.075(1), Florida Statutes (1997), which governs

Byers v. Byers

910 So. 2d 336, 2005 WL 2219160

District Court of Appeal of Florida | Filed: Sep 14, 2005 | Docket: 1494487

Cited 21 times | Published

including this debt as a marital liability. Section 61.075(6), Florida Statutes (2001), provides that

Kovalchick v. Kovalchick

841 So. 2d 669, 2003 WL 1824974

District Court of Appeal of Florida | Filed: Apr 9, 2003 | Docket: 164316

Cited 21 times | Published

v. Canakaris, 382 So.2d 1197 (Fla. 1980))). Section 61.075, Florida Statutes, requires that distribution

Mitchell v. Mitchell

841 So. 2d 564, 28 Fla. L. Weekly Fed. D 714

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 1234151

Cited 21 times | Published

nonmarital property. *567 § 61.075(5)(b), Fla. Stat. (2000). Section 61.075(1) provides that "the court

Boyett v. Boyett

703 So. 2d 451, 1997 WL 759366

Supreme Court of Florida | Filed: Dec 11, 1997 | Docket: 1348757

Cited 21 times | Published

the statutory definition of marital assets in section 61.075(5)(a), Florida Statutes (1993),[3] and to section

Cooper v. Cooper

639 So. 2d 153, 1994 WL 316860

District Court of Appeal of Florida | Filed: Jul 1, 1994 | Docket: 1310490

Cited 21 times | Published

presumed to be the date the petition was filed. § 61.075(6), Fla. Stat. (1991). After the parties separated

Young v. Young

606 So. 2d 1267, 1992 WL 312766

District Court of Appeal of Florida | Filed: Oct 29, 1992 | Docket: 154185

Cited 21 times | Published

decision in this case requires consideration of Section 61.075, Florida Statutes (1989), providing: (3) As

Walsh v. Walsh

600 So. 2d 1222, 1992 WL 123323

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 539227

Cited 21 times | Published

liabilities are marital and which are nonmarital. § 61.075, Fla. Stat. (1989). See also Moon v. Moon, 594

Polizzi v. Polizzi

600 So. 2d 490, 1992 WL 111620

District Court of Appeal of Florida | Filed: May 29, 1992 | Docket: 539424

Cited 21 times | Published

This defect has fortunately been remedied by section 61.075, Florida Statutes, effective July 1, 1991.

Acker v. Acker

904 So. 2d 384, 2005 WL 851010

Supreme Court of Florida | Filed: Apr 14, 2005 | Docket: 103498

Cited 20 times | Published

distribution upon dissolution of marriage. See § 61.075(5)(a)(4), Fla. Stat. (2003) (defining "marital

Guida v. Guida

870 So. 2d 222, 2004 WL 573847

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 103497

Cited 20 times | Published

direct that such provisions be struck on remand. Section 61.075(1), Florida Statutes (2002), "requires the

Whelan v. Whelan

736 So. 2d 732, 1999 WL 393461

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1429844

Cited 20 times | Published

Singleton, 696 So.2d 1338 (Fla. 4th DCA 1997) (quoting § 61.075(3), Fla. Stat. (1995)). Written findings are necessary

Borchard v. Borchard

730 So. 2d 748, 1999 WL 128625

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 1755154

Cited 20 times | Published

current method of equitable distribution. See § 61.075, Fla. Stat. (1997). Even when the supreme court

Tarleton v. Arnstein & Lehr

719 So. 2d 325, 1998 WL 483930

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 1351566

Cited 20 times | Published

The trial court charged the jury pursuant to § 61.075, Florida Statutes (1995), regarding equitable

Akers v. Akers

582 So. 2d 1212, 1991 WL 109680

District Court of Appeal of Florida | Filed: Jun 21, 1991 | Docket: 1363321

Cited 20 times | Published

marital assets were determined and valued. Section 61.075(4), Florida Statutes (1989), provides: (4)

Aguirre v. Aguirre

985 So. 2d 1203, 2008 WL 2663688

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 1673636

Cited 19 times | Published

introduced. A trial judge has no duty under section 61.075 to make findings of value if the parties have

Romano v. Romano

632 So. 2d 207, 1994 WL 45556

District Court of Appeal of Florida | Filed: Feb 16, 1994 | Docket: 462634

Cited 19 times | Published

marital and nonmarital assets as required by section 61.075(3), Florida Statutes (1991), which requires

Rosenfeld v. Rosenfeld

597 So. 2d 835, 1992 WL 48783

District Court of Appeal of Florida | Filed: May 12, 1992 | Docket: 1704477

Cited 19 times | Published

subject to the equitable distribution statute. Section 61.075, Fla. Stat. (1991). Equitable distribution

Dyson v. Dyson

597 So. 2d 320, 1992 WL 67932

District Court of Appeal of Florida | Filed: Apr 2, 1992 | Docket: 1704666

Cited 19 times | Published

involve the application and enforcement of section 61.075, Florida Statutes (1989). We reverse and remand

Dorsett v. Dorsett

902 So. 2d 947, 2005 WL 1335241

District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 1675065

Cited 18 times | Published

without complying with the requirements of section 61.075, Florida Statutes. We find no error, however

Alpha v. Alpha

885 So. 2d 1023, 2004 WL 2479630

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 1286828

Cited 18 times | Published

non-marital assets, and their values as required by section 61.075(3)(a-d); the trial court erred in awarding

Klette v. Klette

785 So. 2d 562, 2001 WL 288696

District Court of Appeal of Florida | Filed: Mar 27, 2001 | Docket: 1510118

Cited 18 times | Published

identification and distribution of marital assets. See § 61.075(3)(a)-(d), Fla. Stat. (1993). We see no reason

Miller v. Miller

625 So. 2d 1320, 1993 WL 452142

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 474289

Cited 18 times | Published

reversed and remanded for findings required by section 61.075(3) as to the identity of marital assets, their

Collinsworth v. Collinsworth

624 So. 2d 287, 1993 WL 303094

District Court of Appeal of Florida | Filed: Aug 12, 1993 | Docket: 1517951

Cited 18 times | Published

marital assets and liabilities is governed by section 61.075, Florida Statutes (1991). In Prom v. Prom,

Murphy v. Murphy

621 So. 2d 455, 1993 WL 74287

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 1265573

Cited 18 times | Published

written judgments, it knew how to say so. E.g., § 61.075(3), Fla. Stat. (1991) ("The distribution of all

McMahan v. McMahan

567 So. 2d 976, 1990 WL 146914

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 1380769

Cited 18 times | Published

See § 61.076, Fla. Stat. (Supp. 1988). See also § 61.075(3)(a)4, Fla. Stat. (Supp. 1988).

Alpert v. Alpert

886 So. 2d 999, 2004 WL 2308889

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 1721280

Cited 17 times | Published

the Husband took out these loans." Based upon section 61.075, the evidence, and the stipulation of the parties

Layeni v. Layeni

843 So. 2d 295, 2003 WL 553768

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 1244057

Cited 17 times | Published

the overall division of marital property. See § 61.075, Fla. Stat. (1998). THE CALCULATION OF THE FORMER

Doyle v. Doyle

789 So. 2d 499, 2001 WL 786799

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 1696120

Cited 17 times | Published

valuation of the pension plans, relying on section 61.075(6) of the Florida Statute (1999) which states:

Staton v. Staton

710 So. 2d 744, 1998 WL 256695

District Court of Appeal of Florida | Filed: May 22, 1998 | Docket: 1731566

Cited 17 times | Published

clear identification of non-marital assets. See § 61.075(3). The final judgment dated October 6, 1996 lacks

Wendroff v. Wendroff

614 So. 2d 590, 18 Fla. L. Weekly Fed. D 549

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 449260

Cited 17 times | Published

of the machines from the record before us. Section 61.075(6), Florida Statutes (1989), provides: The

Bain v. Bain

553 So. 2d 1389, 1990 WL 121

District Court of Appeal of Florida | Filed: Jan 4, 1990 | Docket: 1675602

Cited 17 times | Published

review denied, 531 So.2d 1354 (Fla. 1988). See also § 61.075(4), Fla. Stat. (Supp. 1988).[3] Regarding retirement

McCants v. McCants

984 So. 2d 678, 2008 WL 2668800

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 1685778

Cited 16 times | Published

younger child attains the age of majority. Section 61.075 requires the trial court to distribute the

Bardowell v. Bardowell

975 So. 2d 628, 2008 WL 582568

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1371517

Cited 16 times | Published

order based on competent substantial evidence. § 61.075(3), Fla. Stat. We find that the trial court abused

Ruberg v. Ruberg

858 So. 2d 1147

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 1513533

Cited 16 times | Published

performance and not based on his past efforts. Section 61.075(5)(a)4 defines "[m]arital assets" to include

Bush v. Bush

824 So. 2d 293, 2002 WL 1906571

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 1729421

Cited 16 times | Published

assets on the part of the former husband. See § 61.075(1)(b), (i)-(j), Fla. Stat. (1999). We have considered

Calderon v. Calderon

730 So. 2d 400, 1999 WL 193294

District Court of Appeal of Florida | Filed: Apr 9, 1999 | Docket: 1755285

Cited 16 times | Published

the findings and valuation requirements of section 61.075(3) in several particulars. Thus, we must remand

Stock v. Stock

693 So. 2d 1080, 1997 WL 253034

District Court of Appeal of Florida | Filed: May 16, 1997 | Docket: 435345

Cited 16 times | Published

unequal distribution of marital assets under section 61.075(1)(l), Florida Statutes (1995), a party's conduct

Keaton v. Keaton

634 So. 2d 798, 1994 WL 112240

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1472669

Cited 16 times | Published

nonmarital and not available for distribution. Section 61.075(3), Florida Statutes (1991), provides as follows:

Armstrong v. Armstrong

623 So. 2d 1216, 1993 WL 337041

District Court of Appeal of Florida | Filed: Sep 8, 1993 | Docket: 1183395

Cited 16 times | Published

v. Walsh, 600 So.2d 1222 (Fla. 1st DCA 1992); § 61.075, Fla. Stat. (1989). Without any indication regarding

Universal Insurance Co. of North America v. Warfel

82 So. 3d 47, 37 Fla. L. Weekly Supp. 50, 2012 WL 224104, 2012 Fla. LEXIS 195

Supreme Court of Florida | Filed: Jan 26, 2012 | Docket: 60306224

Cited 15 times | Published

Statutes (1987), (which has since been repealed), section 61.075(5)(a)5, Florida Statutes (1997), and section

Beers v. Beers

724 So. 2d 109, 1998 WL 751397

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 1410049

Cited 15 times | Published

fees would not constitute marital property. See § 61.075(6), Fla. Stat. (1997). In situations where the

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

take what and address the factors listed in section 61.075, Florida Statutes, explaining why the marital*

Murray v. Murray

636 So. 2d 536, 1994 WL 122838

District Court of Appeal of Florida | Filed: Apr 13, 1994 | Docket: 1715402

Cited 15 times | Published

to the wife was approximately $20,000. Under section 61.075(5)(a)3, Florida Statutes (1991), gifts from

Gallardo v. Gallardo

593 So. 2d 522, 1991 WL 272735

District Court of Appeal of Florida | Filed: Dec 24, 1991 | Docket: 446369

Cited 15 times | Published

to conduct further proceedings on this matter. § 61.075, Fla. Stat. (1989).[6] Likewise, the trial court

Polley v. Polley

588 So. 2d 638, 1991 WL 211249

District Court of Appeal of Florida | Filed: Oct 22, 1991 | Docket: 1297489

Cited 15 times | Published

uncontroverted evidence supports that finding. Section 61.075(1), Florida Statutes (1989), provides that

Valentine v. Van Sickle

42 So. 3d 267, 2010 Fla. App. LEXIS 10854, 2010 WL 2925098

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 1647286

Cited 14 times | Published

personal injury settlement as a marital asset. Section 61.075(5)(b)(2) provides that nonmarital assets may

Rogers v. Rogers

12 So. 3d 288, 2009 Fla. App. LEXIS 7771, 2009 WL 1675921

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 62868

Cited 14 times | Published

assets and liabilities is equal distribution, see § 61.075(1), Fla. Stat. (2007), when proper justification

Levy v. Levy

862 So. 2d 48, 2003 WL 22240196

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 1762235

Cited 14 times | Published

property to balance the equitable distribution. See § 61.075(9), Fla. Stat. (2000); Canakaris, 382 So.2d at

Feger v. Feger

850 So. 2d 611, 2003 WL 21697203

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 1783553

Cited 14 times | Published

analysis of some of the factors set out in section 61.075(1), Florida Statutes (1997), the court awarded

Anson v. Anson

772 So. 2d 52, 2000 WL 1475725

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 1435465

Cited 14 times | Published

outstanding capital stock should appreciate in value. Section 61.075(5)(a)2, Florida Statutes, provides that the

Steiner v. Steiner

746 So. 2d 1149, 1999 WL 1036289

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1360900

Cited 14 times | Published

the four properties became marital property. See § 61.075(5)(a)2., Fla. Stat. (1997). As a result, the court

Farrior v. Farrior

736 So. 2d 1177, 1999 WL 419332

Supreme Court of Florida | Filed: Jun 24, 1999 | Docket: 1434186

Cited 14 times | Published

inherited assets were nonmarital assets under section 61.075(5)(b)2, Florida Statutes (1995), which provides

Johnson v. Johnson

725 So. 2d 1209, 1999 WL 9780

District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 1002086

Cited 14 times | Published

names of the parties (which pursuant to Florida Statute 61.075 would be marital assets). This would include

Amend. to Fl. Family Law Rules of Proc.

723 So. 2d 208, 1998 WL 765134

Supreme Court of Florida | Filed: Oct 29, 1998 | Docket: 1693632

Cited 14 times | Published

litigants" found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of "marital"

Oxley v. Oxley

695 So. 2d 364, 1997 WL 66212

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 304212

Cited 14 times | Published

income, for his benefit. The relevant portion of section 61.075(5)(a)2, Florida Statutes, defines marital assets

Vaccaro v. Vaccaro

677 So. 2d 918, 1996 WL 387424

District Court of Appeal of Florida | Filed: Jul 12, 1996 | Docket: 1268339

Cited 14 times | Published

marital and non-marital assets are required by section 61.075(3), Florida Statutes (1995). Additionally,

Stevens v. Stevens

651 So. 2d 1306, 1995 WL 111499

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 1518160

Cited 14 times | Published

time of the petition for dissolution was filed, § 61.075(5)(a)2, Fla. Stat. (1993), should be included

Deas v. Deas

592 So. 2d 1221, 1992 WL 15866

District Court of Appeal of Florida | Filed: Jan 28, 1992 | Docket: 2562753

Cited 14 times | Published

Whether the trial court erred by not applying section 61.075, Florida Statutes, when distributing the assets

Wrona v. Wrona

592 So. 2d 694, 1991 WL 262906

District Court of Appeal of Florida | Filed: Dec 11, 1991 | Docket: 1428714

Cited 14 times | Published

distribution of marital assets and liabilities. § 61.075(1)(h), Fla. Stat. (1989). Moreover, the avoidable

Bobb v. Bobb

552 So. 2d 334, 1989 WL 139529

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1200411

Cited 14 times | Published

We note that our result is consistent with section 61.075, Florida Statutes (1988), which was passed

Mondello v. Torres

47 So. 3d 389, 2010 Fla. App. LEXIS 17668, 2010 WL 4628309

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2396803

Cited 13 times | Published

presumption that it was a nonmarital asset. See § 61.075(6)(b)1.-2., Fla. Stat. (2008) ("`Nonmarital assets'

Zangari v. Cunningham

839 So. 2d 918, 2003 WL 1236479

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 1296388

Cited 13 times | Published

marital property regardless of who paid for it. § 61.075(5)(a)(5), Fla. Stat. (2001). In order to overcome

Kovar v. Kovar

648 So. 2d 177, 1994 WL 695533

District Court of Appeal of Florida | Filed: Dec 14, 1994 | Docket: 1702018

Cited 13 times | Published

v. Marcoux, 464 So.2d 542, 544 (Fla. 1985). Section 61.075(1), Florida Statutes, allows the court to consider

Ingle v. Ingle

640 So. 2d 223, 1994 WL 406143

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 1371535

Cited 13 times | Published

failed to make the fact-findings required by section 61.075(1).[1] Further, the court also failed to make

Ingle v. Ingle

640 So. 2d 223, 1994 WL 406143

District Court of Appeal of Florida | Filed: Aug 5, 1994 | Docket: 1371535

Cited 13 times | Published

failed to make the fact-findings required by section 61.075(1).[1] Further, the court also failed to make

Amato v. Amato

596 So. 2d 1243, 1992 WL 73354

District Court of Appeal of Florida | Filed: Apr 15, 1992 | Docket: 364844

Cited 13 times | Published

a dissolution of marriage are controlled by section 61.075, Florida Statutes (1991). What constitutes

Viscito v. Viscito

214 So. 3d 736, 2017 WL 1018486, 2017 Fla. App. LEXIS 3454

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4617671

Cited 12 times | Published

448.00. .[1] Applying the provisions of section 61.075, Florida Statutes (2015), governing equitable

Rabbath v. Farid

4 So. 3d 778, 2009 Fla. App. LEXIS 2199, 2009 WL 127862

District Court of Appeal of Florida | Filed: Mar 17, 2009 | Docket: 1666688

Cited 12 times | Published

post-dissolution plan as equity and justice require. See § 61.075(1)(j), Fla. Stat. (2005); Beers, 724 So.2d at

Augoshe v. Lehman

962 So. 2d 398, 2007 WL 2274950

District Court of Appeal of Florida | Filed: Aug 10, 2007 | Docket: 1519454

Cited 12 times | Published

governed by an abuse of discretion standard. See § 61.075(6), Fla. Stat. (2003) ("Different assets may be

Pinder v. Pinder

750 So. 2d 651, 1999 WL 420182

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 283385

Cited 12 times | Published

classification of these assets and reverse. Section 61.075(5)(a)1 defines marital assets as those "acquired

Nelson v. Nelson

721 So. 2d 388, 1998 WL 821797

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1322977

Cited 12 times | Published

We take this opportunity to reiterate that section 61.075(3)(b), Florida Statutes (1995) requires the

Vaughn v. Vaughn

714 So. 2d 632, 1998 WL 427015

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 390874

Cited 12 times | Published

In determining the distribution of assets, section 61.075, Florida Statutes, allows the trial court to

McHugh v. McHugh

702 So. 2d 639, 1997 WL 794758

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 2576859

Cited 12 times | Published

the trial court applied the 1993 version of section 61.075(6), which provides that: The date for determining

Williams v. Williams

686 So. 2d 805, 1997 WL 30813

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 1260462

Cited 12 times | Published

explained that section 61.075 creates a statutory form of equitable distribution. See § 61.075, Fla. Stat

Gingola v. Velasco

668 So. 2d 1054, 1996 WL 75636

District Court of Appeal of Florida | Filed: Feb 23, 1996 | Docket: 1686924

Cited 12 times | Published

Such a nonvested pension is a marital asset. § 61.075(5)(a)4., Fla.Stat. (1991). Although it seems unfortunate

Cole v. Roberts

661 So. 2d 370, 1995 WL 594589

District Court of Appeal of Florida | Filed: Oct 11, 1995 | Docket: 1526339

Cited 12 times | Published

entitlement to such property. Appellant is correct. Section 61.075(1), Florida Statutes (1991), provides that

Lavelle v. Lavelle

634 So. 2d 1111, 1994 WL 114786

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1472477

Cited 12 times | Published

rationale for the distribution of marital assets. § 61.075(3), Fla. Stat. (1991); Strickland v. Strickland

McAlister v. Shaver

633 So. 2d 494, 1994 WL 63300

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 1296403

Cited 12 times | Published

factual findings, it explicitly said so, e.g., § 61.075(3),.08(1), .30(1)(a), Fla. Stat. (1991)), review

Schiller v. Schiller

625 So. 2d 856, 1993 WL 393621

District Court of Appeal of Florida | Filed: Oct 5, 1993 | Docket: 2485525

Cited 12 times | Published

fact-finding and valuation requirements of section 61.075(1) and (3). The parties stipulated that the

Plyler v. Plyler

622 So. 2d 573, 1993 WL 291911

District Court of Appeal of Florida | Filed: Aug 6, 1993 | Docket: 1528952

Cited 12 times | Published

equities between the parties as required by section 61.075(3), Florida Statutes (1991), which was enacted

Austin v. Austin

12 So. 3d 314, 2009 Fla. App. LEXIS 8514, 2009 WL 1811811

District Court of Appeal of Florida | Filed: Jun 26, 2009 | Docket: 1647240

Cited 11 times | Published

which spouse is responsible for each liability. § 61.075(3), Fla. Stat. (2004). Here, the trial court failed

Buxton v. Buxton

963 So. 2d 950, 2007 WL 2481667

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1328295

Cited 11 times | Published

that employ a similar analysis. For example, section 61.075, which deals with equitable distribution, requires

Parry v. Parry

933 So. 2d 9, 2006 WL 1113520

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1712246

Cited 11 times | Published

if any, is the product of marital labor. See § 61.075(5)(a), Fla. Stat. (2002) (defining "marital assets"

Martin v. Martin

923 So. 2d 1236, 2006 WL 722174

District Court of Appeal of Florida | Filed: Mar 23, 2006 | Docket: 1745180

Cited 11 times | Published

noninterspousal gift, bequest, devise or descent." § 61.075(5)(b)(2), Fla. Stat. (2004); see also Kittinger

Lakin v. Lakin

901 So. 2d 186, 2005 WL 662713

District Court of Appeal of Florida | Filed: Mar 23, 2005 | Docket: 1666198

Cited 11 times | Published

account in his name only, Schwab Account # 1107. Section 61.075, Florida Statutes (2003), controls equitable

Crouch v. Crouch

898 So. 2d 177, 2005 WL 562558

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1732287

Cited 11 times | Published

thereby intended. This Court noted that while section 61.075(5)(a)5, Florida Statutes (1997) presumes a

Hoirup v. Hoirup

862 So. 2d 780, 2003 WL 22681311

District Court of Appeal of Florida | Filed: Nov 14, 2003 | Docket: 1762785

Cited 11 times | Published

After consideration of the factors set forth in section 61.075(3), Florida Statutes (2001), the trial court

Bacon v. Bacon

819 So. 2d 950, 2002 WL 1369573

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1498831

Cited 11 times | Published

actually awarded seems to me miserly. [10] Cf. § 61.075(1), Fla. Stat. (2001) ("in distributing the marital

Bryan v. Bryan

765 So. 2d 829, 2000 WL 1152839

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 428831

Cited 11 times | Published

dependent child of the marriage, or any other party." § 61.075(1)(h), Florida Statutes (1997). The court awarded

Porzio v. Porzio

760 So. 2d 1075, 2000 WL 799374

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 1695294

Cited 11 times | Published

assets is *1078 presumptively proper under section 61.075 and thus an unequal distribution must be justified

Crockett v. Crockett

708 So. 2d 329, 1998 WL 148718

District Court of Appeal of Florida | Filed: Apr 2, 1998 | Docket: 1528246

Cited 11 times | Published

marital asset subject to equitable distribution. Section 61.075(3), Florida Statutes (1995), requires specific

Dyer v. Dyer

658 So. 2d 148, 1995 WL 407452

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 439130

Cited 11 times | Published

separate property by a non-interspousal gift. See § 61.075(5)(b)(2), Fla. Stat. (1993). Essentially he contends

Robbie v. Robbie

654 So. 2d 616, 1995 WL 254552

District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 1303523

Cited 11 times | Published

the franchise and thus its overall success. Section 61.075(5)(a)(2), Florida Statutes (1993), should not

Bd. of Pension Trustees v. Vizcaino

635 So. 2d 1012, 1994 WL 141209

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 1705692

Cited 11 times | Published

repeal that clause. To the extent relevant here, section 61.075, Florida Statutes (1991), merely provides that

McMonagle v. McMonagle

617 So. 2d 373, 1993 WL 114642

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 457965

Cited 11 times | Published

it did not reference the factors listed in section 61.075(1),[1] which should be used in any contested

Bussey v. Bussey

611 So. 2d 1354, 1993 WL 5303

District Court of Appeal of Florida | Filed: Jan 15, 1993 | Docket: 1757234

Cited 11 times | Published

equitable distribution of the assets as required by section 61.075(3), Florida Statutes. In addition, the court

Atkins v. Atkins

611 So. 2d 570, 1992 WL 387437

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1757338

Cited 11 times | Published

marital assets and liabilities contravenes section 61.075, Florida Statutes (1989), thereby shortchanging

Nicewonder v. Nicewonder

602 So. 2d 1354, 1992 WL 176970

District Court of Appeal of Florida | Filed: Jul 28, 1992 | Docket: 1694009

Cited 11 times | Published

Cf. § 61.075(4), Fla. Stat. (Supp. 1988). Although this case is not governed by section 61.075(4) because

Prom v. Prom

589 So. 2d 1363, 1991 WL 225766

District Court of Appeal of Florida | Filed: Nov 4, 1991 | Docket: 1730817

Cited 11 times | Published

liabilities in such proportions as are equitable." § 61.075(1), Florida Statutes (1989). The starting point

GEICO Financial Services, Inc. v. Kramer

575 So. 2d 1345, 1991 Fla. App. LEXIS 1509, 1991 WL 22519

District Court of Appeal of Florida | Filed: Feb 27, 1991 | Docket: 1731178

Cited 11 times | Published

division of a judgment is self-executing in that section 61.075(2), Florida Statutes (1989), states as follows:

Villaverde v. Villaverde

547 So. 2d 185, 1989 WL 63415

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 1738776

Cited 11 times | Published

1987), review denied, 511 So.2d 297 (Fla. 1987); § 61.075(3)(a)(2), Fla. Stat. (Supp. 1988); or (b) there

Julia v. Julia

146 So. 3d 516, 2014 Fla. App. LEXIS 13106, 2014 WL 4177223

District Court of Appeal of Florida | Filed: Aug 25, 2014 | Docket: 60242929

Cited 10 times | Published

individual valuation of significant marital assets. See § 61.075(3)(b), Fla. Stat. (2013); Lift v. Lift, 1 So.3d

Walker v. Walker

85 So. 3d 553, 2012 Fla. App. LEXIS 5606, 2012 WL 1232729

District Court of Appeal of Florida | Filed: Apr 12, 2012 | Docket: 1422382

Cited 10 times | Published

spouse shall be responsible for each liability. See § 61.075(3), Fla. Stat. We agree that the trial court failed

Demont v. Demont

67 So. 3d 1096, 2011 Fla. App. LEXIS 10906, 2011 WL 2698685

District Court of Appeal of Florida | Filed: Jul 12, 2011 | Docket: 60301930

Cited 10 times | Published

fashioning an equitable distribution under section 61.075, Florida Statutes (2009), the trial court set

Santiago v. Santiago

51 So. 3d 637, 2011 Fla. App. LEXIS 79, 2011 WL 116876

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 2406984

Cited 10 times | Published

do equity and justice between the parties. See § 61.075(1)(i), (j), Fla. Stat. (2009); Jonsson v. Jonsson

Fulmer v. Fulmer

961 So. 2d 1081, 2007 WL 2126271

District Court of Appeal of Florida | Filed: Jul 26, 2007 | Docket: 468704

Cited 10 times | Published

further proceedings consistent with this opinion. Section 61.075(3), Florida Statutes, requires a trial court

Pullo v. Pullo

926 So. 2d 448, 2006 WL 941914

District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 1515291

Cited 10 times | Published

final judgment. A property distribution under section 61.075 may not be modified even if the needs of a

Smith v. Smith

912 So. 2d 702, 2005 WL 2806677

District Court of Appeal of Florida | Filed: Oct 28, 2005 | Docket: 2542142

Cited 10 times | Published

is proper as an incident of child support. See § 61.075(1)(h), Fla. Stat. (2004); McDonald v. McDonald

Rao-Nagineni v. Rao

895 So. 2d 1160, 2005 WL 356955

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 1255511

Cited 10 times | Published

of separation. The court acknowledged that section 61.075, Florida Statutes (2003), provides the cut-off

Cleary v. Cleary

872 So. 2d 299, 2004 WL 784645

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1357330

Cited 10 times | Published

marital assets from the non-marital assets. See § 61.075(3) (requiring *302 that "any distribution of marital

Lafaille v. Lafaille

837 So. 2d 601, 2003 WL 340854

District Court of Appeal of Florida | Filed: Feb 17, 2003 | Docket: 1527447

Cited 10 times | Published

distribution of assets and liabilities, contrary to section 61.075, Florida Statutes (2001); and by imputing income

Caruso v. Caruso

814 So. 2d 498, 2002 WL 530591

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1717787

Cited 10 times | Published

that Lucky Star was not a marital asset under section 61.075(6), Florida Statutes (1999), and, therefore

Jahnke v. Jahnke

804 So. 2d 513, 2001 WL 1643919

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 1699634

Cited 10 times | Published

court's decision to choose the latter date. See § 61.075(6), Fla. Stat. (1999) ("The date for determining

Saporta v. Saporta

766 So. 2d 379, 2000 WL 1055790

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 2537584

Cited 10 times | Published

property held as a tenancy by the entireties, see § 61.075(3)(a)5, Fla. Stat. (1999); Robertson v. Robertson

Escudero v. Escudero

739 So. 2d 688, 1999 WL 682602

District Court of Appeal of Florida | Filed: Sep 3, 1999 | Docket: 1688664

Cited 10 times | Published

creating a presumption of a gift to Gloria. See § 61.075(5)(a)5.; Robertson v. Robertson, 593 So.2d 491

Archer v. Archer

712 So. 2d 1198, 1998 WL 320130

District Court of Appeal of Florida | Filed: Jun 19, 1998 | Docket: 1737191

Cited 10 times | Published

real property. This presumption is created by section 61.075(5)(a)5, Florida Statutes (1997). The burden

Sasnett v. Sasnett

679 So. 2d 1265, 1996 WL 531561

District Court of Appeal of Florida | Filed: Sep 20, 1996 | Docket: 1665857

Cited 10 times | Published

rationale for the distribution of marital assets. § 61.075(3), Fla. Stat. (1995); Lavelle v. Lavelle, 634

Crowley v. Crowley

678 So. 2d 435, 1996 WL 441624

District Court of Appeal of Florida | Filed: Aug 7, 1996 | Docket: 1470843

Cited 10 times | Published

trial judge's course of direction emanates from section 61.075(1), Florida Statutes (1993), which sets forth

Taber v. Taber

626 So. 2d 1089, 1993 WL 474087

District Court of Appeal of Florida | Filed: Nov 19, 1993 | Docket: 1286033

Cited 10 times | Published

scheme in light of the factors set forth in section 61.075, and to make the written findings required

Glover v. Glover

601 So. 2d 231, 1992 WL 108393

District Court of Appeal of Florida | Filed: Jul 23, 1992 | Docket: 1305259

Cited 10 times | Published

of the marital assets and liabilities. See section 61.075, Florida Statutes (1989); Hamlet v. Hamlet

Tradler v. Tradler

100 So. 3d 735, 2012 Fla. App. LEXIS 19009, 2012 WL 5373446

District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60225935

Cited 9 times | Published

apart to each spouse his or her nonmarital assets. § 61.075(1), Fla. Stat. (2008). The parties agree that

Fortune v. Fortune

61 So. 3d 441, 2011 Fla. App. LEXIS 5942, 36 Fla. L. Weekly Fed. D 869

District Court of Appeal of Florida | Filed: Apr 27, 2011 | Docket: 60300479

Cited 9 times | Published

filing of a petition for dissolution of marriage.” § 61.075(7), Fla. Stat. (2009). Assets and liabilities

Bishop v. Bishop

47 So. 3d 326, 2010 Fla. App. LEXIS 14470, 2010 WL 3766869

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2401482

Cited 9 times | Published

marital home, both of which are required by section 61.075(3). Therefore we reverse and remand for the

Stough v. Stough

18 So. 3d 601, 2009 Fla. App. LEXIS 3628, 2009 WL 1098937

District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 1640682

Cited 9 times | Published

factors for equitable distribution found in section 61.075, Florida Statutes (2007), and made findings

Smith v. Smith

971 So. 2d 191, 2007 WL 4561584

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 1445837

Cited 9 times | Published

other forms of marital assets, or both;" . . . § 61.075(5)(a)1-2., Fla. Stat. (2005). As the spouse trying

Tucker v. Tucker

966 So. 2d 25, 32 Fla. L. Weekly Fed. D 1953

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 1271665

Cited 9 times | Published

supported by competent, substantial evidence. § 61.075(3), Fla. Stat. (2005). An owner of property is

Acker v. Acker

821 So. 2d 1088, 2002 WL 1021361

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 1235770

Cited 9 times | Published

accrued during the marriage is a marital asset. § 61.075(5)(a)4., Fla Stat. (2001). Important for our purposes

Branch v. Branch

775 So. 2d 406, 2000 WL 1880146

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 1667925

Cited 9 times | Published

venture is not a marital debt. Pursuant to section 61.075(1), Florida Statutes, "the court must begin

Prest v. Tracy

749 So. 2d 538, 2000 WL 3943

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 1290033

Cited 9 times | Published

because the trial court failed to comply with section 61.075(1), Florida Statutes (1997), in setting forth

Thomas v. Thomas

712 So. 2d 822, 1998 WL 374716

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 1471787

Cited 9 times | Published

equitable distribution statute is unavailing. Section 61.075(1)(h), Florida Statutes (1995), does provide

Glazner v. Glazner

693 So. 2d 650, 1997 WL 216206

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 1524419

Cited 9 times | Published

substantial evidence and did not abuse its discretion. § 61.075(3), Fla.Stat. (1995); Canakaris v. Canakaris,

Becker v. Becker

639 So. 2d 1082, 1994 WL 363875

District Court of Appeal of Florida | Filed: Jul 15, 1994 | Docket: 1310437

Cited 9 times | Published

it did not reference the factors listed in section 61.075(1). This court stated that those factors "should

Naugle v. Naugle

632 So. 2d 1146, 1994 WL 72526

District Court of Appeal of Florida | Filed: Mar 11, 1994 | Docket: 462543

Cited 9 times | Published

distribution of marital assets and liabilities. See § 61.075(3), Fla. Stat. (1991). The judge also considered

Bell v. Bell

587 So. 2d 642, 1991 WL 210455

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1713682

Cited 9 times | Published

State, 569 So.2d 1323 (Fla. 1st DCA 1990). [2] Section 61.075, Florida Statutes (1989) sets forth the relevant

Bell v. Bell

587 So. 2d 642, 1991 WL 210455

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1713682

Cited 9 times | Published

State, 569 So.2d 1323 (Fla. 1st DCA 1990). [2] Section 61.075, Florida Statutes (1989) sets forth the relevant

Kelly v. Kelly

557 So. 2d 625, 1990 WL 14253

District Court of Appeal of Florida | Filed: Feb 21, 1990 | Docket: 456935

Cited 9 times | Published

case was tried prior to the effective date of section 61.075, Florida Statutes (Supp. 1988) which became

Massam v. Massam

993 So. 2d 1022, 2008 WL 183700

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1516107

Cited 8 times | Published

judge's discretion, the circumstances require." § 61.075(6), Fla. Stat. (2004); see Tucker v. Tucker, 966

Pfrengle v. Pfrengle

976 So. 2d 1134, 2008 WL 140803

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1680498

Cited 8 times | Published

bought during the marriage are marital assets. See § 61.075(5)(a)(1), Fla. Stat. (2000) (defining marital

Pavese v. Pavese

932 So. 2d 1269, 2006 WL 1933389

District Court of Appeal of Florida | Filed: Jul 14, 2006 | Docket: 1285626

Cited 8 times | Published

distribute the parties' assets and liabilities. § 61.075(3). A final judgment without such findings must

Yitzhari v. Yitzhari

906 So. 2d 1250, 2005 WL 1762043

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 1775576

Cited 8 times | Published

marital asset subject to equitable distribution. § 61.075(5)(a)2, Fla. Stat. (2003)(emphasis added); see

Carollo v. Carollo

920 So. 2d 16, 2004 WL 3000943

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 1440950

Cited 8 times | Published

regarding the QDRO merit discussion. EORT Section 61.075(5), Florida Statutes, includes "[a]ll vested

Italiano v. Italiano

873 So. 2d 558, 2004 WL 1123488

District Court of Appeal of Florida | Filed: May 21, 2004 | Docket: 1451118

Cited 8 times | Published

specifically identifying those debts. We agree. Section 61.075(3), Florida Statutes (2002), requires the trial

Burke v. Burke

864 So. 2d 1284, 2004 WL 221010

District Court of Appeal of Florida | Filed: Feb 6, 2004 | Docket: 2570354

Cited 8 times | Published

assets and liabilities. As this court has held, section 61.075(3)(b), Florida Statutes, requires the final

Jensen v. Jensen

824 So. 2d 315, 2002 WL 1971880

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 1435494

Cited 8 times | Published

incurred in exchange for such assets and liabilities. § 61.075(5)(b), Fla. Stat. (2000). While the Legislature

Krafchuk v. Krafchuk

804 So. 2d 376, 2001 WL 1188945

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 1699633

Cited 8 times | Published

fees award as well. Equitable Distribution Section 61.075(1), Florida Statutes (1999),[2] sets forth

Seither v. Seither

779 So. 2d 331, 1999 WL 1143770

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1520982

Cited 8 times | Published

against the employer." Green, 494 A.2d at 728. Cf. § 61.075(5)(a)(4), Fla. Stat. (1997) (broadly defining

Reis v. Reis

739 So. 2d 704, 1999 WL 701519

District Court of Appeal of Florida | Filed: Sep 8, 1999 | Docket: 2537204

Cited 8 times | Published

whether a judgment for alimony shall be made." § 61.075(8), Fla. Stat. (1997). Similarly, the alimony

Barner v. Barner

716 So. 2d 795, 1998 WL 347097

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 1521963

Cited 8 times | Published

2d 992, 994 (Fla. 5th DCA 1983). Pursuant to section 61.075(5)(a)(1), Florida Statutes (1991), "marital"

McCarty v. McCarty

710 So. 2d 713, 1998 WL 233494

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 1444598

Cited 8 times | Published

equitable distribution of marital assets under section 61.075, Florida Statutes (1997). Of note, the equitable

Goosby v. Lawrence

711 So. 2d 577, 1998 WL 17790

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1337767

Cited 8 times | Published

therefore reversal is required. We disagree. Section 61.075(1), Florida Statutes, governs equitable distribution

Catalfumo v. Catalfumo

704 So. 2d 1095, 1997 WL 795077

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 761838

Cited 8 times | Published

valuation date for equitable distribution. Section 61.075(6), Florida Statutes (Supp.1988), requires

Lagstrom v. Lagstrom

662 So. 2d 756, 1995 WL 675344

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1282911

Cited 8 times | Published

failed to follow the statutory requirements. Section 61.075(3), Florida Statutes (1993), requires the trial

Pridgeon v. Pridgeon

632 So. 2d 257, 1994 WL 51098

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 462786

Cited 8 times | Published

court. We begin with the household appliances. Section 61.075(1), Florida Statutes (1991), requires the court

Steinberg v. Steinberg

614 So. 2d 1127, 1993 WL 5850

District Court of Appeal of Florida | Filed: Jan 13, 1993 | Docket: 449357

Cited 8 times | Published

denied, 494 So.2d 1149 (Fla. 1986); see also § 61.075(5)(a)(2), Fla. Stat. (1991) (recognizing a spouse's

Heinrich v. Heinrich

609 So. 2d 94, 1992 WL 348196

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 1738269

Cited 8 times | Published

individually by either spouse or jointly by them... ." § 61.075(5)(a)(1), Fla. Stat. (1991). The statute also

Dozier v. Dozier

606 So. 2d 477, 1992 WL 282089

District Court of Appeal of Florida | Filed: Oct 16, 1992 | Docket: 236373

Cited 8 times | Published

during the marriage constitute marital assets. § 61.075(3)(a)4., Fla. Stat. (Supp. 1990). We direct the

Jordan v. Jordan

127 So. 3d 794, 2013 WL 6182380, 2013 Fla. App. LEXIS 18885

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236855

Cited 7 times | Published

trial court’s rationale for the distribution ....” § 61.075(3)(d), Fla. Stat. (2012). Where certain findings

Bell v. Bell

68 So. 3d 321, 2011 Fla. App. LEXIS 12502, 2011 WL 3477036

District Court of Appeal of Florida | Filed: Aug 10, 2011 | Docket: 2357250

Cited 7 times | Published

equitably distributing this amount. We agree. Section 61.075(3), Florida Statutes (2009), provides, in pertinent

Winney v. Winney

979 So. 2d 396, 2008 WL 1774163

District Court of Appeal of Florida | Filed: Apr 21, 2008 | Docket: 2539848

Cited 7 times | Published

marital assets and liabilities is more explicit. See § 61.075(3), Fla. Stat. (2007). A trial court must make

Silverman v. Silverman

940 So. 2d 615, 2006 WL 3103153

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 433998

Cited 7 times | Published

Envelope & Printing Company, and points out that section 61.075(3)(b), Florida Statutes (2004), requires the

Pomeranz v. Pomeranz

901 So. 2d 895, 30 Fla. L. Weekly Fed. D 1023

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 2431269

Cited 7 times | Published

assets were equitably distributed, runs afoul of section 61.075(3), Fla. Stat. (2003). Therein, an equitable

Schneider v. Schneider

864 So. 2d 1193, 2004 WL 57289

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 1727539

Cited 7 times | Published

"depletion" of marital assets within the meaning of section 61.075(1)(i), Florida Statutes (2002), a relevant

Pietras v. Pietras

842 So. 2d 956, 2003 WL 1622159

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1730561

Cited 7 times | Published

included in the equitable distribution. See *960 § 61.075(6), Fla. Stat. (2001)(cut-off date for determining

Doig v. Doig

787 So. 2d 100, 2001 WL 332059

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1745006

Cited 7 times | Published

agreement does not preclude the application of section 61.075(5)(a)(2), Florida Statutes (1999), which provides

Noone v. Noone

727 So. 2d 972, 1998 WL 906485

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 1730161

Cited 7 times | Published

Del Sol, $35,672.53; Twin Lakes, $92,201.75. Section 61.075, Florida Statutes, the equitable distribution

Amendments to the Florida Family Law Rules

713 So. 2d 1, 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

Supreme Court of Florida | Filed: Feb 26, 1998 | Docket: 1732751

Cited 7 times | Published

marriage are to be distributed, under section 61.075, Florida Statutes. *44 ____ c. Petitioner

Cornette v. Cornette

704 So. 2d 667, 1997 WL 777793

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1706045

Cited 7 times | Published

marital asset subject to equitable distribution. See § 61.075(5)(a)2., Fla. Stat. (1993); Cole v. Roberts, 661

Ellis v. Ellis

699 So. 2d 280, 1997 WL 541160

District Court of Appeal of Florida | Filed: Sep 5, 1997 | Docket: 1693961

Cited 7 times | Published

date equitable and just under the circumstances. § 61.075(6), Fla. Stat. (1995). The former wife's expert

Langevin v. Langevin

698 So. 2d 601, 1997 WL 446903

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 1524241

Cited 7 times | Published

trial court's determination is contrary to section 61.075(6), Florida Statutes (1995), which provides

Dal Ponte v. Dal Ponte

692 So. 2d 283, 1997 WL 203661

District Court of Appeal of Florida | Filed: Apr 28, 1997 | Docket: 435649

Cited 7 times | Published

cash withdrawn from a personal bank account. See § 61.075(1)(i), Fla.Stat. (the trial court may consider

Weimer v. Weimer

677 So. 2d 86, 1996 WL 410695

District Court of Appeal of Florida | Filed: Jul 24, 1996 | Docket: 1690104

Cited 7 times | Published

received close to 50% of the marital assets. Section 61.075(1), Florida Statutes (1995), mandates an equitable

Herrera v. Herrera

673 So. 2d 143, 1996 WL 237711

District Court of Appeal of Florida | Filed: May 10, 1996 | Docket: 1671397

Cited 7 times | Published

no findings based on the factors listed in section 61.075(1)(a) to justify this unequal distribution

Rutland v. Rutland

652 So. 2d 404, 1995 WL 63063

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 475834

Cited 7 times | Published

491 (Fla. 1991), held that the enactment of section 61.075, Florida Statutes (1989), preempted Ball v

Beaty v. Gribble

652 So. 2d 1156, 1995 WL 51121

District Court of Appeal of Florida | Filed: Feb 10, 1995 | Docket: 1518108

Cited 7 times | Published

from nonmarital property during the marriage. § 61.075(5)(b)1, 3, Fla. Stat. (1991). Our review of the

Scott v. Scott

643 So. 2d 1124, 1994 WL 498382

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 1744233

Cited 7 times | Published

spouses expend marital labor on that asset. See § 61.075(5)(a)(2), Fla. Stat. (1991). On the record before

Ray v. Ray

624 So. 2d 1146, 1993 WL 366520

District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 475595

Cited 7 times | Published

came from Mrs. Ray's inherited funds, and that Section 61.075(3)(b)(2), Florida Statutes (1989), provides

Heilman v. Heilman

610 So. 2d 60, 1992 WL 360986

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 1734734

Cited 7 times | Published

on relevant factors enumerated by statute. See § 61.075, Fla. Stat. (1991). In light of our holding here

David v. David

58 So. 3d 336, 2011 Fla. App. LEXIS 3985, 2011 WL 1078786

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 60299322

Cited 6 times | Published

which supports this argument and, in fact, section 61.075(1) of the Florida Statutes (2007) expressly

Puskar v. Puskar

29 So. 3d 1201, 2010 Fla. App. LEXIS 3341, 2010 WL 935466

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 1135298

Cited 6 times | Published

2d 985, 995 (Fla. 1st DCA 2005). Pursuant to section 61.075(5)(b), Florida Statutes (2006), non-marital

Valladares v. Junco-Valladares

30 So. 3d 519, 2010 Fla. App. LEXIS 35, 2010 WL 22716

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 1639524

Cited 6 times | Published

funds or other forms of marital assets, or both." § 61.075(5)(a)2, Fla. Stat. (2007). At trial, the husband

Mathers v. Brown

21 So. 3d 834, 2009 Fla. App. LEXIS 19247

District Court of Appeal of Florida | Filed: Dec 9, 2009 | Docket: 1655894

Cited 6 times | Published

marriage was “presumed” to be a marital asset. § 61.075(7), Fla. Stat. (2007). Since he claimed that a

Mobley v. Mobley

18 So. 3d 724, 2009 Fla. App. LEXIS 15191, 2009 WL 3232651

District Court of Appeal of Florida | Filed: Oct 9, 2009 | Docket: 1640630

Cited 6 times | Published

retirement plans and the value of the plans. See § 61.075(1), (3) Fla. Stat. (2005). She also contends that

Guobaitis v. Sherrer

18 So. 3d 28, 2009 Fla. App. LEXIS 12830, 2009 WL 2766653

District Court of Appeal of Florida | Filed: Sep 2, 2009 | Docket: 2524531

Cited 6 times | Published

marital assets and liabilities is governed by section 61.075, Florida Statutes (2006). Subsection (1) provides

Abdnour v. Abdnour

19 So. 3d 357, 2009 Fla. App. LEXIS 4255, 34 Fla. L. Weekly Fed. D 938

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 2536735

Cited 6 times | Published

in valuing the account as of the trial date. Section 61.075(6), Florida Statutes (2006), gives the trial

Punsky v. Clay County Sheriff's Office

18 So. 3d 577, 2009 Fla. App. LEXIS 1996, 2009 WL 564953

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 1640358

Cited 6 times | Published

proof to rebut the presumption. Compare, e.g., § 61.075(6)(a)(4), Fla. Stat. (2008) (In the equitable

Finney v. Finney

995 So. 2d 579, 2008 WL 4601216

District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 1285481

Cited 6 times | Published

each spouse that spouse's nonmarital assets. See § 61.075(5)(b)1., Fla. Stat. (2006). A nonmarital asset

Campagna v. Cope

971 So. 2d 243, 2008 WL 53547

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1446868

Cited 6 times | Published

properly classified as a marital liability. Section 61.075(5) defines marital liabilities as all "liabilities

Hollister v. Hollister

965 So. 2d 341, 2007 WL 2781121

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 2578114

Cited 6 times | Published

Pomeranz, 901 So.2d 895, 896 (Fla. 4th DCA 2005). Section 61.075, Florida Statutes (2003), requires the trial

Hay v. Hay

944 So. 2d 1043, 2006 WL 2355496

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1156971

Cited 6 times | Published

The home was purchased and then improved. Section 61.075(5)(a)5., Florida Statutes, provides that all

Boutwell v. Adams

920 So. 2d 151, 2006 WL 249546

District Court of Appeal of Florida | Filed: Feb 3, 2006 | Docket: 1730751

Cited 6 times | Published

proceedings in accordance with the requirements of section 61.075, Florida Statutes (2002). The parties were

Grieco v. Grieco

917 So. 2d 1052, 2006 WL 73266

District Court of Appeal of Florida | Filed: Jan 13, 2006 | Docket: 1509624

Cited 6 times | Published

reverse. I. The Husband's Inherited Funds Section 61.075(5), Florida Statutes (2003), provides in pertinent

O'Neill v. O'Neill

868 So. 2d 3, 2004 WL 133995

District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 451927

Cited 6 times | Published

equitable distribution and which are "nonmarital." Section 61.075(5)(a), Florida Statutes (2000), provides in

O'Neill v. O'Neill

868 So. 2d 3, 2004 WL 133995

District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 451927

Cited 6 times | Published

equitable distribution and which are "nonmarital." Section 61.075(5)(a), Florida Statutes (2000), provides in

Gaetani-Slade v. Slade

852 So. 2d 343, 2003 WL 21939026

District Court of Appeal of Florida | Filed: Aug 14, 2003 | Docket: 1711063

Cited 6 times | Published

sufficient factual findings, as required by section 61.075(3), Florida Statutes (2000), to allow meaningful

Pignataro v. Rutledge

841 So. 2d 636, 2003 WL 1786090

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1656769

Cited 6 times | Published

are not subject to equitable distribution. See § 61.075(1), Fla. Stat. (1997). The trial court must then

Weiser v. Weiser

782 So. 2d 986, 2001 WL 387947

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 456429

Cited 6 times | Published

plan of equitable distribution pursuant to section 61.075, Florida Statutes (1997), is without error

Thomas v. Thomas

776 So. 2d 1092, 2001 WL 108771

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 1521325

Cited 6 times | Published

statutes, not a special equity. To that end, section 61.075(5)(a)(2) of the Florida Statutes (1999) provides

Henin v. Henin

767 So. 2d 1284, 2000 WL 1475749

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 1194347

Cited 6 times | Published

marital assets and liabilities as required by section 61.075(3), Florida Statutes (1997). This court has

Maddox v. Maddox

750 So. 2d 693, 2000 WL 3824

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 1419511

Cited 6 times | Published

gift during the marriage is a marital asset. See § 61.075(3), Fla. Stat. (1997); Colley v. Colley, 745 So

Kranz v. Kranz

737 So. 2d 1198, 1999 WL 518821

District Court of Appeal of Florida | Filed: Jul 23, 1999 | Docket: 283384

Cited 6 times | Published

however, because the order lists the factors in section 61.075, Florida Statutes, regarding "equitable distribution

Blase v. Blase

704 So. 2d 741, 1998 WL 17411

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1354066

Cited 6 times | Published

relied upon by the parties as a marital asset. See § 61.075(5)(b)1, 3. Therefore, former husband is entitled

Eager v. Eager

696 So. 2d 1235, 1997 WL 311621

District Court of Appeal of Florida | Filed: Jun 11, 1997 | Docket: 1325873

Cited 6 times | Published

material asset subject to equitable distribution. § 61.075(5)(a)(2), Fla. Stat. (1995); Webb v. Webb, 636

Oldham v. Oldham

683 So. 2d 579, 1996 WL 655744

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 466206

Cited 6 times | Published

Fashions, Inc., 418 So.2d 437 (Fla. 3d DCA 1982)). Section 61.075(5)(a), Florida Statutes (1993) defines a marital

Jones v. Jones

679 So. 2d 1270, 1996 WL 531563

District Court of Appeal of Florida | Filed: Sep 20, 1996 | Docket: 1665988

Cited 6 times | Published

be responsible for the debt as required by section 61.075(3)(c), Florida Statutes (1993). Upon remand

Suarez v. United States (In Re Suarez)

182 B.R. 916, 9 Fla. L. Weekly Fed. B 4, 1995 Bankr. LEXIS 572, 75 A.F.T.R.2d (RIA) 2618

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 17, 1995 | Docket: 1814567

Cited 6 times | Published

1993. The Court disagrees. Florida Statute Section 61.075(4) provides that a judgment distributing marital

Embry v. Embry

650 So. 2d 190, 1995 WL 51103

District Court of Appeal of Florida | Filed: Feb 10, 1995 | Docket: 1703334

Cited 6 times | Published

appellee's interest in appellant's retirement plan. Section 61.075, Florida Statutes (1991), requires the trial

Pearce v. Pearce

626 So. 2d 294, 1993 WL 452119

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 1285933

Cited 6 times | Published

for additional findings in accordance with section 61.075(3). The former wife filed a petition for dissolution

Strickler v. Strickler

548 So. 2d 740, 1989 WL 97710

District Court of Appeal of Florida | Filed: Aug 24, 1989 | Docket: 615354

Cited 6 times | Published

may wish to review the following authorities: section 61.075(1)(g), Florida Statutes (Ch. 88-98, Laws of

Lester v. Lester

547 So. 2d 1241, 1989 WL 81726

District Court of Appeal of Florida | Filed: Jul 26, 1989 | Docket: 1738813

Cited 6 times | Published

marital assets for equitable distribution purposes. § 61.075(3)(a)3, Fla. Stat. (Supp. 1988). This statutory

Nelson v. Nelson

206 So. 3d 818, 2016 Fla. App. LEXIS 18470

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556059

Cited 5 times | Published

of assets upon dissolution of a marriage. See § 61.075, Fla. Stat. (2015). Under Florida’s equitable

Richardson v. Knight

197 So. 3d 143, 2016 Fla. App. LEXIS 11407, 41 Fla. L. Weekly Fed. D 1735

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 60256209

Cited 5 times | Published

decided by the trial court must comply with section 61.075, Florida Statutes, which states in pertinent

Dravis v. Dravis

170 So. 3d 849, 2015 Fla. App. LEXIS 10693, 2015 WL 4253855

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679099

Cited 5 times | Published

assets subject to equitable distribution under section 61.075, Florida Statutes (2013). The former wife asserts

Anna Louise Krift v. Daryl Dean Obenour

152 So. 3d 645, 2014 Fla. App. LEXIS 17909, 2014 WL 5614809

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592854

Cited 5 times | Published

distribution unsupported by findings. Section 61.075(3), Florida Statutes' (2012), requires the

Vitro v. Vitro

122 So. 3d 382, 2012 WL 2012458, 2012 Fla. App. LEXIS 9061

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60234664

Cited 5 times | Published

liabilities, and all other relevant findings. § 61.075(3)(a-d), Fla. Stat. (2011). Failure by the trial

Justice v. Justice

80 So. 3d 405, 2012 WL 400537, 2012 Fla. App. LEXIS 1863

District Court of Appeal of Florida | Filed: Feb 9, 2012 | Docket: 2412471

Cited 5 times | Published

Failure to Identify, Value, and Distribute Assets Section 61.075(1), Florida Statutes (2006), requires the trial

Jurasek v. Jurasek

67 So. 3d 1210, 2011 Fla. App. LEXIS 13759, 2011 WL 3820754

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 2360037

Cited 5 times | Published

unequal distribution" of marital property. See § 61.075(11) Fla. Stat. (2008). The husband argued that

Jurasek v. Jurasek

67 So. 3d 1210, 2011 Fla. App. LEXIS 13759, 2011 WL 3820754

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 2360037

Cited 5 times | Published

unequal distribution" of marital property. See § 61.075(11) Fla. Stat. (2008). The husband argued that

Vanzant v. Vanzant

82 So. 3d 991, 2011 Fla. App. LEXIS 12794, 2011 WL 3558151

District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 2415174

Cited 5 times | Published

findings justifying the unequal distribution. See § 61.075(1), Fla. Stat.; see also Collinsworth v. Collinsworth

Tillman v. ALTUNAY

44 So. 3d 1201, 2010 Fla. App. LEXIS 14487, 2010 WL 3766809

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2398930

Cited 5 times | Published

is just and equitable under the circumstances." § 61.075(7), Fla. Stat. (2008); see also Byers v. Byers

Vigo v. Vigo

15 So. 3d 619, 2009 Fla. App. LEXIS 7615, 2009 WL 1675735

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1190700

Cited 5 times | Published

845 So.2d 230, 233 (Fla. 3d DCA 2003); see also § 61.075(6)(a)(1)(c), Fla. Stat. (2008) (providing that

Gibbons v. Gibbons

10 So. 3d 127, 2009 Fla. App. LEXIS 2216, 2009 WL 691179

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1642624

Cited 5 times | Published

disability policies are marital assets under section 61.075(5)(a)(4), Florida Statutes (2005), because

Smith v. Smith

996 So. 2d 924, 2008 WL 5101138

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1692437

Cited 5 times | Published

marital assets from the non-marital assets. See § 61.075(3) (requiring that "any distribution of marital

Rodriguez v. Rodriguez

994 So. 2d 1157, 2008 WL 2986417

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1666919

Cited 5 times | Published

(Fla. 1980). A. The Equitable Distribution Section 61.075(1), Florida Statutes (2005), requires that

Franklin v. Franklin

988 So. 2d 125, 2008 WL 2901859

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 1385195

Cited 5 times | Published

unequal distribution, the trial court relied on section 61.075(1)(g), Florida Statutes (2005). In the final

Dwyer v. Dwyer

981 So. 2d 1254, 2008 WL 2117670

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 1515646

Cited 5 times | Published

marital assets subject to equitable distribution. § 61.075(1), (5)(a)(3), Fla. Stat. (2004). In determining

Cintron v. King

961 So. 2d 1010, 2007 WL 1988912

District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 468670

Cited 5 times | Published

marital assets and liabilities as required by section 61.075(3)(b), Florida Statutes (2005). The standard

Steele v. Steele

945 So. 2d 601, 2006 WL 3733785

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1399646

Cited 5 times | Published

670 (Fla. 4th DCA 2003) (citations omitted). § 61.075(3), Fla. Stat. (2002), requires that distribution

Rumler v. Rumler

932 So. 2d 1165, 2006 WL 1752256

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 1285862

Cited 5 times | Published

Diffenderfer, 491 So.2d 265, 270 (Fla.1986)); see also § 61.075(5)(a)(4), Fla. Stat. (2003) (defining "marital

Stough v. Stough

933 So. 2d 603, 2006 WL 1735136

District Court of Appeal of Florida | Filed: Jun 27, 2006 | Docket: 1309081

Cited 5 times | Published

defeat the statutory presumption provided in section 61.075(5)(a)5, Florida Statutes, that the conveyance

Barabas v. Barabas

923 So. 2d 588, 2006 WL 733936

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 1745162

Cited 5 times | Published

parties contest ownership of the property. Section 61.075(3)(c), Florida Statutes (2004), provides that

Davidson v. Davidson

882 So. 2d 418, 2004 WL 1779118

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 1289677

Cited 5 times | Published

filing of a petition for dissolution of marriage." § 61.075(6), Fla. Stat. (2003) (emphasis added). In this

Davidson v. Davidson

882 So. 2d 418, 2004 WL 1779118

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 1289677

Cited 5 times | Published

filing of a petition for dissolution of marriage." § 61.075(6), Fla. Stat. (2003) (emphasis added). In this

Manolakos v. Manolakos

871 So. 2d 258, 2004 WL 384151

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1300726

Cited 5 times | Published

denied. The Former Husband now appeals. Under section 61.075(1), Florida Statutes (2002), assets should

Christ v. Christ

854 So. 2d 244, 2003 WL 22056280

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1460108

Cited 5 times | Published

equitable distribution, and what its present value is. § 61.075(3)(b) & (5), Fla. Stat. (2001). We find no abuse

Mills v. Mills

845 So. 2d 230, 2003 WL 1824439

District Court of Appeal of Florida | Filed: Apr 9, 2003 | Docket: 1728700

Cited 5 times | Published

We agree and reverse on this issue. Under Section 61.075(5)(b)(2), Florida Statutes (2002), assets acquired

Nelson v. Nelson

795 So. 2d 977, 2001 WL 726077

District Court of Appeal of Florida | Filed: Oct 1, 2001 | Docket: 1673266

Cited 5 times | Published

and make factual determinations thereon. [5] § 61.075(6), Fla. Stat. See Reis v. Reis, 739 So.2d 704

Banton v. Parker-Banton

756 So. 2d 155, 2000 WL 275851

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 471331

Cited 5 times | Published

liabilities were marital and which were nonmarital. See § 61.075(5)(a)1, (b)1, (7), Fla. Stat. (1999). Thus, the

Banton v. Parker-Banton

756 So. 2d 155, 2000 WL 275851

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 471331

Cited 5 times | Published

liabilities were marital and which were nonmarital. See § 61.075(5)(a)1, (b)1, (7), Fla. Stat. (1999). Thus, the

Shoffner v. Shoffner

744 So. 2d 1157, 1999 WL 979459

District Court of Appeal of Florida | Filed: Oct 29, 1999 | Docket: 2581593

Cited 5 times | Published

the factual findings which are required under section 61.075(3) and section 61.08(1), Florida Statutes (1997)

Colwell v. Royal International Trading Corp.

226 B.R. 714, 1998 U.S. Dist. LEXIS 20580, 1998 WL 774835

District Court, S.D. Florida | Filed: Oct 14, 1998 | Docket: 2480452

Cited 5 times | Published

family and probate law contexts. For instance, § 61.075 of the Florida Statutes provides for the equitable

Olsen v. Keefer

714 So. 2d 1165, 1998 WL 427220

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 461565

Cited 5 times | Published

the statutory definition of marital assets in section 61.075(5)(a), Florida Statutes. See id. In Blevins

Viera v. Viera

698 So. 2d 1308, 1997 WL 541158

District Court of Appeal of Florida | Filed: Sep 5, 1997 | Docket: 434410

Cited 5 times | Published

allocation of assets and liabilities to each party. See § 61.075(3), Fla. Stat. (1995). This requirement is not

Meininger v. Harp (In Re Stoops)

209 B.R. 1, 10 Fla. L. Weekly Fed. B 360, 1997 Bankr. LEXIS 705, 1997 WL 274252

United States Bankruptcy Court, M.D. Florida | Filed: May 20, 1997 | Docket: 1431331

Cited 5 times | Published

authorities. Ms. Stoops posits that Florida Statute § 61.075(7) creates a presumption that assets acquired

Roberts v. Roberts

689 So. 2d 378, 1997 WL 78211

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 1739432

Cited 5 times | Published

as part of an equitable distribution under section 61.075, Florida Statutes (1995). We partially reverse

Dibartolomeo v. Dibartolomeo

679 So. 2d 72

District Court of Appeal of Florida | Filed: Sep 11, 1996 | Docket: 1665928

Cited 5 times | Published

judgment demonstrates valuations in accord with section 61.075(6), Florida Statutes (1993). Given the size

Kendall v. Kendall

677 So. 2d 48, 1996 WL 382274

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 1690100

Cited 5 times | Published

substantial evidence, and we find no error. See § 61.075(5)(a)2, Fla. Stat. (1993); Pagano v. Pagano, 665

Strickland v. Strickland

670 So. 2d 142, 1996 WL 119493

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1246267

Cited 5 times | Published

requirements of the equitable distribution statute, section 61.075, Florida Statutes. Ugarte v. Ugarte, 608 So

Kelley v. Kelley

656 So. 2d 1343, 1995 WL 358087

District Court of Appeal of Florida | Filed: Jun 16, 1995 | Docket: 1283398

Cited 5 times | Published

assets, in derogation of section 61.075(3) of the Florida Statutes. § 61.075(3)(a)-(c), Fla. Stat. (1993)

Kimm v. Kimm

650 So. 2d 1119, 1995 WL 73785

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 1346163

Cited 5 times | Published

distributes the marital assets and liabilities. Section 61.075, Florida Statutes (1993) provides: In a proceeding

Dehler v. Dehler

648 So. 2d 819, 1995 WL 1661

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 1701960

Cited 5 times | Published

court should make an adjustment consistent with section 61.075, Florida Statutes (1991). In all other respects

Castillo v. Castillo

626 So. 2d 1035, 1993 WL 460650

District Court of Appeal of Florida | Filed: Nov 9, 1993 | Docket: 1684996

Cited 5 times | Published

liabilities should also be divided equally. See § 61.075, Fla. Stat. (1991); Rosenfeld v. Rosenfeld, 597

Nash v. Nash

624 So. 2d 370, 1993 WL 365854

District Court of Appeal of Florida | Filed: Sep 21, 1993 | Docket: 475726

Cited 5 times | Published

parties and remand for findings pursuant to section 61.075, Florida Statutes (1991). See Robertson v.

Leonard v. Leonard

613 So. 2d 1339, 1993 WL 31576

District Court of Appeal of Florida | Filed: Feb 9, 1993 | Docket: 454093

Cited 5 times | Published

intended a gift to her of said nonmarital funds." Section 61.075(5)(a)5., Florida Statutes (1991), provides

Hicks v. Hicks

580 So. 2d 876, 1991 WL 90279

District Court of Appeal of Florida | Filed: May 31, 1991 | Docket: 1716957

Cited 5 times | Published

and liabilities on different dates. He cites section 61.075(4), Florida Statutes (1988), for the proposition

In Re McGinty

119 B.R. 290, 1990 Bankr. LEXIS 2040, 1990 WL 140309

United States Bankruptcy Court, M.D. Florida | Filed: Sep 4, 1990 | Docket: 1070502

Cited 5 times | Published

judgment recorded in official records citing Fla. Stat. 61.075(2). In Paragraph 7, the Final Judgment retained

Dianne L. Hahamovitch n/k/a Dianne Lynn Hahamovitch v. Harry H. Hahamovitch

174 So. 3d 983, 40 Fla. L. Weekly Supp. 477, 2015 Fla. LEXIS 1896, 2015 WL 5254280

Supreme Court of Florida | Filed: Sep 10, 2015 | Docket: 2769031

Cited 4 times | Published

property upon ... marital dissolution.” And section 61.075, Florida Statutes, addresses the “[ejquitable

Robert N. Badgley, Jr. v. Maria Belen Sanchez

165 So. 3d 742, 2015 Fla. App. LEXIS 7628, 2015 WL 2393332

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679320

Cited 4 times | Published

assets and liabilities favoring the wife. Section 61.075, Florida Statutes (2013), governing distribution

Hahamovitch v. Hahamovitch

133 So. 3d 1008, 2014 WL 52717, 2014 Fla. App. LEXIS 135

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238643

Cited 4 times | Published

Belcher v. Belcher, 271 So.2d 7, 9 (Fla.1972). Section 61.075, Florida’s equitable distribution statute,

Patino v. Patino

122 So. 3d 961, 2013 WL 5538741, 2013 Fla. App. LEXIS 15921

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234823

Cited 4 times | Published

those factors.”). Equitable Distribution Section 61.075, Florida Statutes (2011), provides that in

Austin v. Austin

120 So. 3d 669, 2013 WL 4873486, 2013 Fla. App. LEXIS 14674

District Court of Appeal of Florida | Filed: Sep 13, 2013 | Docket: 60234194

Cited 4 times | Published

based outside the pleadings cannot stand). Section 61.075(5), Florida Statutes (2011), does not authorize

Heiny v. Heiny

113 So. 3d 897, 2013 WL 275567

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60231639

Cited 4 times | Published

supported by competent, substantial evidence.” (citing § 61.075(3), Fla. Stat. (2005)). We note that the value

In Re Implementation of Committee on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure

78 So. 3d 1045, 2011 Fla. LEXIS 3030, 2011 WL 5829543

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 1227055

Cited 4 times | Published

marriage are to be distributed, under section 61.075, Florida Statutes. c. ___ Petitioner should

Kouzine v. Kouzine

44 So. 3d 213, 2010 Fla. App. LEXIS 13731, 2010 WL 3602789

District Court of Appeal of Florida | Filed: Sep 17, 2010 | Docket: 2399915

Cited 4 times | Published

18 So.3d 724, 725 (Fla. 2d DCA 2009). *215 Section 61.075(6)(a), Florida Statutes (2009), defines marital

Leonardis v. Leonardis

30 So. 3d 568, 2010 Fla. App. LEXIS 1590, 2010 WL 532795

District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 1639178

Cited 4 times | Published

Byers, 910 So.2d 336, 344 (Fla. 4th DCA 2005). Section 61.075(6), Florida Statutes (2006), provides that

Syverson v. Jones

10 So. 3d 1123, 2009 Fla. App. LEXIS 3636, 2009 WL 1098938

District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 1642120

Cited 4 times | Published

party asserting the claim for a special equity." § 61.075(5)(a)5., Fla. Stat. (2007). A party seeking to

Kay v. Kay

988 So. 2d 1273, 2008 WL 3978127

District Court of Appeal of Florida | Filed: Aug 29, 2008 | Docket: 1722205

Cited 4 times | Published

Both the trial court and the wife rely on section 61.075(5)(a)(4), Florida Statutes (2007), as support

Marshall v. Marshall

953 So. 2d 23, 2007 WL 700974

District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 89772

Cited 4 times | Published

unequally, ultimately favoring the former wife. Section 61.075(1), Florida Statutes (2006), requires the trial

Willman v. Willman

944 So. 2d 1151, 2006 WL 3589040

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 2547968

Cited 4 times | Published

until the date dissolution papers are filed. See § 61.075(6), Fla. Stat. (2005); Rao-Nagineni v. Rao, 895

Schumaker v. Schumaker

931 So. 2d 271, 2006 WL 1708315

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 425809

Cited 4 times | Published

Cabrera, 484 So.2d 1338 (Fla. 3d DCA 1986); section 61.075(1)(h), Fla. Stat. (2005). As Theresa points

Norwood v. Anapol-Norwood

931 So. 2d 951, 2006 WL 1331502

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 425925

Cited 4 times | Published

date of filing of the complaint as required by section 61.075(6), Florida Statutes (2003),[1] see Rao-Nagineni

Holitzner v. Holitzner

920 So. 2d 827, 2006 WL 399168

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 284620

Cited 4 times | Published

opinion. It appears the trial court, pursuant to section 61.075, Florida Statutes, sought to divide the marital

Perez v. Perez

882 So. 2d 537, 2004 WL 2101985

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 1686308

Cited 4 times | Published

permitted where there is a sound reason to do so. See § 61.075(1), Fla. Stat. (2003); Feger v. Feger, 850 So

Valdes v. Valdes

894 So. 2d 264, 2004 WL 1252725

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1767708

Cited 4 times | Published

property and did not preclude application of section 61.075, Florida Statutes which provides that increases

Demorizi v. Demorizi

851 So. 2d 243, 2003 WL 21749431

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1691533

Cited 4 times | Published

a court to do equity between the parties." Section 61.075(1), Florida Statutes (1999). In instances such

Valley Forge Life Insurance v. Delaney

313 F. Supp. 2d 1305, 2002 U.S. Dist. LEXIS 27300, 2002 WL 32442795

District Court, M.D. Florida | Filed: Dec 23, 2002 | Docket: 42418

Cited 4 times | Published

See Fla. Stat. § 61.08 (alimony); Fla. Stat. § 61.075 (property disposition). Alimony and distribution

Board of Trustees of Orlando Police Pension Plan v. Langford

833 So. 2d 230, 29 Employee Benefits Cas. (BNA) 2512, 2002 Fla. App. LEXIS 18714, 2002 WL 31840780

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 1675547

Cited 4 times | Published

equitable distribution to the marital parties.[2] Section 61.075(5)(a)4., Florida Statutes (2000) defines marital

Leeds v. Adamse

832 So. 2d 125, 2002 WL 1972124

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 1336181

Cited 4 times | Published

dissolution. The wife argues, and we agree, that section 61.075(6), Florida Statutes (2001), establishes a

Meighen v. Meighen

813 So. 2d 173, 2002 WL 429065

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1725752

Cited 4 times | Published

to identify the amount of the marital debt. Section 61.075(3)(c) provides that any distribution of marital

Cattaneo v. Cattaneo

803 So. 2d 889, 2002 WL 10065

District Court of Appeal of Florida | Filed: Jan 4, 2002 | Docket: 1768872

Cited 4 times | Published

marital, regardless of the date of acquisition. § 61.075(5)(a)5., Fla. Stat.2000; Robertson v. Robertson

Green v. Green

788 So. 2d 1083, 2001 WL 640730

District Court of Appeal of Florida | Filed: Jun 12, 2001 | Docket: 1286647

Cited 4 times | Published

liabilities and the value of marital assets. Section 61.075(3), Florida Statutes (1997), provides that

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64813197

Cited 4 times | Published

this marriage are to be distributed, under section 61.075, Florida Statutes. _ c. Petitioner should be

Sizemore v. Sizemore

767 So. 2d 545, 2000 WL 1161918

District Court of Appeal of Florida | Filed: Aug 18, 2000 | Docket: 1194164

Cited 4 times | Published

equitable distribution of assets is governed by section 61.075, Florida Statutes (1999). Marital assets include

Coons v. Coons

765 So. 2d 167, 2000 WL 889843

District Court of Appeal of Florida | Filed: Jul 6, 2000 | Docket: 428757

Cited 4 times | Published

accordance with definition of marital assets in § 61.075(5)(a), Fla. Stat. (1993), valuation of vested

Gallinar v. Gallinar

763 So. 2d 447, 2000 WL 763120

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 1681820

Cited 4 times | Published

have received a special equity in the home. Section 61.075(5)(a)5, Florida Statutes *450 (1997), creates

Doerr v. Doerr

751 So. 2d 154, 2000 WL 84682

District Court of Appeal of Florida | Filed: Jan 28, 2000 | Docket: 1712603

Cited 4 times | Published

nothing to enhance the value of the stock. Section 61.075(5)(b)2, Florida Statutes (1997), specifically

Gladstone v. Gladstone

733 So. 2d 1090, 1999 WL 308823

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 1660034

Cited 4 times | Published

reverse and remand for further proceedings. Section 61.075, Florida Statutes (1997), provides in relevant

Hargrave v. Hargrave

728 So. 2d 366, 1999 WL 156060

District Court of Appeal of Florida | Filed: Mar 24, 1999 | Docket: 2451262

Cited 4 times | Published

interpretation, not by the statutory scheme of section 61.075(5)(a)4, Florida Statutes (1995), or else we

Reyes v. Reyes

714 So. 2d 646, 1998 WL 422518

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 461668

Cited 4 times | Published

home may have appreciated during the marriage. Section 61.075(5)(a) 2 includes under marital assets "[t]he

Cook v. Cook

714 So. 2d 1158, 1998 WL 412446

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 1367352

Cited 4 times | Published

trial court to make the findings required by section 61.075. If, after making the appropriate findings

Spielberger v. Spielberger

712 So. 2d 835, 1998 WL 374746

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 1737164

Cited 4 times | Published

Longo v. Longo, 533 So.2d 791 (Fla. 4th DCA 1988); § 61.075(1), Fla. Stat. (1997). We find no record justification

Bringedahl v. Bringedahl

712 So. 2d 1205, 1998 WL 320141

District Court of Appeal of Florida | Filed: Jun 19, 1998 | Docket: 585888

Cited 4 times | Published

Unfortunately, the court did not comply with either section 61.075(3) or section 61.08(1), Florida Statutes (1995)

Farrior v. Farrior

712 So. 2d 1154, 1998 WL 329363

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 1737406

Cited 4 times | Published

sustainable under the law of equitable distribution. Section 61.075, Florida Statutes (1995), sets forth the rules

Horne v. Horne

711 So. 2d 1310, 1998 WL 282768

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 1337863

Cited 4 times | Published

leave the marriage, file for divorce, and then § 61.075, Florida Statutes, to obtain 50% of her 401(k)

Spano v. Spano

698 So. 2d 324, 1997 WL 442355

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 434568

Cited 4 times | Published

final judgment. A property distribution under section 61.075 may not be modified even if the needs of a

Boyett v. Boyett

683 So. 2d 1140, 1996 WL 714026

District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 1515040

Cited 4 times | Published

There is no such requirement in Chapter 61. See § 61.075(6), Fla. Stat. (1995). See also Robinson v. Robinson

Green v. Green

681 So. 2d 769, 1996 WL 517159

District Court of Appeal of Florida | Filed: Sep 13, 1996 | Docket: 1722271

Cited 4 times | Published

spouse shall be responsible for the liability. See § 61.075, Fla. Stat. (1993); Haas v. Haas, 552 So.2d 221

Adams v. Adams

677 So. 2d 6, 1996 WL 302357

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 1689900

Cited 4 times | Published

marital assets and allocation of liabilities. § 61.075(3), Fla.Stat. (Supp.1994). Here the bulk of the

Wetzel v. Wetzel

671 So. 2d 234, 1996 WL 160790

District Court of Appeal of Florida | Filed: Apr 9, 1996 | Docket: 1671984

Cited 4 times | Published

before, after or during said periods of time. Section 61.075, Florida Statutes (Supp.1994), mandates that

Holden v. Holden

667 So. 2d 867, 1996 WL 34058

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 158028

Cited 4 times | Published

certificates of deposits were marital property under section 61.075(5)(b)3, Florida Statutes (1993). We do not

Walton v. Walton

657 So. 2d 1214, 1995 WL 380304

District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 464096

Cited 4 times | Published

findings justifying the disparity of distribution. § 61.075(3), Fla. Stat. (1993). On remand, we encourage

Robinson v. Robinson

652 So. 2d 466, 1995 WL 121489

District Court of Appeal of Florida | Filed: Mar 23, 1995 | Docket: 476331

Cited 4 times | Published

to make required findings in accordance with section 61.075, Florida Statutes, clearly identifying marital

Bennett v. Bennett

655 So. 2d 109, 1995 WL 16816

District Court of Appeal of Florida | Filed: Jan 19, 1995 | Docket: 1327145

Cited 4 times | Published

or visitation pertaining to personal property. § 61.075, Fla. Stat. (1993). While several states have

Paul v. Paul

648 So. 2d 1211, 1994 WL 733423

District Court of Appeal of Florida | Filed: Jan 13, 1995 | Docket: 1342875

Cited 4 times | Published

NOTES [1] § 61.075, Fla. Stat. (1991). [2] The parties were married in 1955. [3] § 61.075, Fla. Stat

Steiner v. Steiner

638 So. 2d 174, 1994 WL 256941

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 1168910

Cited 4 times | Published

error was harmless. We are unable to agree. Section 61.075, Florida Statutes (1991), mandated that the

Thibault v. Thibault

632 So. 2d 261, 1994 WL 51100

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 462523

Cited 4 times | Published

491, 493 (Fla. 1991), the court found that section 61.075(3)(a)5 "appears to undo the `no gift' presumption

Staman v. Staman

622 So. 2d 1147, 1993 WL 309144

District Court of Appeal of Florida | Filed: Aug 16, 1993 | Docket: 1529040

Cited 4 times | Published

determination of marital assets pursuant to section 61.075(4), Florida Statutes (Supp. 1988). The lower

Reynolds v. Reynolds

615 So. 2d 243, 1993 WL 63485

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 1658588

Cited 4 times | Published

699, 704-05, 463 N.E.2d 15, 20-21 (1984); see § 61.075(5)(a)4 (Fla. Stat. 1991). However, marital property

Holmes v. Holmes

613 So. 2d 511, 1993 WL 8865

District Court of Appeal of Florida | Filed: Jan 19, 1993 | Docket: 454137

Cited 4 times | Published

application of the equitable distribution statute, section 61.075, Florida Statutes (1991). In the present case

Lozano-Ciccia v. Lozano

599 So. 2d 718, 1992 WL 109623

District Court of Appeal of Florida | Filed: May 26, 1992 | Docket: 1483850

Cited 4 times | Published

which were appropriate considerations under section 61.075, Florida Statutes (1991). Here, the value of

Shepard v. Shepard

584 So. 2d 1123, 1991 WL 164415

District Court of Appeal of Florida | Filed: Aug 28, 1991 | Docket: 4642

Cited 4 times | Published

distributed. This has since been codified by statute. Section 61.075, Fla. Stat. (Fla. 1989). This court has decreed

Kittinger v. Kittinger

582 So. 2d 139, 1991 WL 117034

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 1363409

Cited 4 times | Published

part of its plan of equitable distribution. Section 61.075(3)(b)2 of the Florida Statutes (1989) provides

Mayers v. Mayers

575 So. 2d 321, 1991 WL 26825

District Court of Appeal of Florida | Filed: Mar 5, 1991 | Docket: 1503081

Cited 4 times | Published

v. Hiler, 442 So.2d 373 (Fla.2d DCA 1983); Section 61.075, Florida Statutes (1989). Reversed and remanded

Hallman v. Hallman

575 So. 2d 738, 1991 WL 22976

District Court of Appeal of Florida | Filed: Feb 28, 1991 | Docket: 1443535

Cited 4 times | Published

credit card debts to the husband pursuant to section 61.075, Florida Statutes (1987), which requires the

Abitbol v. Benarroch

273 So. 3d 147

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560226

Cited 3 times | Published

equitable distribution of the marital estate under section 61.075, Florida Statutes (2018), but that option is

Moody v. Newton

264 So. 3d 292

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704573

Cited 3 times | Published

maintain the home over an extended period." See § 61.075(h), Fla. Stat. (2017) (stating that it must be

Moody v. Newton

264 So. 3d 292

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704573

Cited 3 times | Published

maintain the home over an extended period." See § 61.075(h), Fla. Stat. (2017) (stating that it must be

SRINATH SUBRAMANIAN v. VEENA SUBRAMANIAN

239 So. 3d 719

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333495

Cited 3 times | Published

filing of a petition for dissolution of marriage.” § 61.075(7), Fla. Stat. (2014). The evidence established

Vilardi v. Vilardi

225 So. 3d 395, 2017 WL 3567499, 2017 Fla. App. LEXIS 11855

District Court of Appeal of Florida | Filed: Aug 18, 2017 | Docket: 6143755

Cited 3 times | Published

unequal distribution based on all relevant factors.” § 61.075(1), Fla. Stat. (2016). To justify unequal distribution

& SC16-589 Nancy Hooker v. Timothy I. Hooker and Timothy I. Hooker v. Nancy Hooker

220 So. 3d 397

Supreme Court of Florida | Filed: Mar 30, 2017 | Docket: 4658705

Cited 3 times | Published

equitable distribution schedule, pursuant to section 61.075(1), Florida Statutes, the Fourth District reviewed

Neiditch v. Neiditch

187 So. 3d 374, 2016 Fla. App. LEXIS 4229, 2016 WL 1062848

District Court of Appeal of Florida | Filed: Mar 18, 2016 | Docket: 60254043

Cited 3 times | Published

money was withdrawn and-spent over the years. Section 61.075(6)(b)(l), Florida Statutes (2013), defines

Joseph W. Pierre v. Marie C. Pierre

185 So. 3d 1264, 2016 Fla. App. LEXIS 2717, 2016 WL 717761

District Court of Appeal of Florida | Filed: Feb 24, 2016 | Docket: 3038778

Cited 3 times | Published

couple’s marital assets and liabilities under section 61.075, Florida Statutes. After the husband continually

Hodge v. Hodge

129 So. 3d 441, 2013 WL 6687837, 2013 Fla. App. LEXIS 20100

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60237398

Cited 3 times | Published

passive appreciation is a marital asset under section 61.075(5)(a)(2). This step must include findings of

Hodge v. Hodge

129 So. 3d 441, 2013 WL 6687837, 2013 Fla. App. LEXIS 20100

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60237398

Cited 3 times | Published

passive appreciation is a marital asset under section 61.075(5)(a)(2). This step must include findings of

Watson v. Watson

124 So. 3d 340, 2013 WL 5629678, 2013 Fla. App. LEXIS 16495

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60235452

Cited 3 times | Published

distribution should be upheld because, under section 61.075(l)(j), the trial court may consider any factor

Buoniconti v. Buoniconti

36 So. 3d 154, 2010 Fla. App. LEXIS 7520, 2010 WL 2133944

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 1638994

Cited 3 times | Published

disposition of the parties' joint savings account. See § 61.075(3), Fla. Stat. (2000). Accordingly, we remand

Boyle v. Boyle

30 So. 3d 665, 2010 Fla. App. LEXIS 3615, 2010 WL 979438

District Court of Appeal of Florida | Filed: Mar 19, 2010 | Docket: 1639394

Cited 3 times | Published

case was decided under a former version of section 61.075, which gave the trial court discretion to use

Durand v. Durand

16 So. 3d 982, 2009 Fla. App. LEXIS 12519, 2009 WL 2601788

District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 1640763

Cited 3 times | Published

statute governing equitable distribution. See, e.g., § 61.075, Fla. Stat. (2008); Condrey v. Condrey, 92 So

Teelucksingh v. Teelucksingh

21 So. 3d 37, 2009 Fla. App. LEXIS 9352, 2009 WL 1940796

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 2529896

Cited 3 times | Published

distribution of the parties' assets as required by section 61.075(3), Florida Statutes (2007). Specifically,

Amendments to Approved Family Law Forms

20 So. 3d 173

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 751733

Cited 3 times | Published

this marriage are to be distributed, under section 61.075, Florida Statutes. c. ___ Petitioner should

Wilson v. Wilson

992 So. 2d 395, 2008 WL 4566892

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 1494570

Cited 3 times | Published

based on competent substantial evidence ..." § 61.075(3)(a), Fla. Stat. (2005). "[T]he court shall set

Kelley v. Kelley

987 So. 2d 1246, 2008 WL 3539514

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 1393225

Cited 3 times | Published

2d 1063, 1064 (Fla. 1st DCA 2008). In part, section 61.075(3), Florida Statutes (2007) provides that "[t]he

Kelley v. Kelley

987 So. 2d 1246, 2008 WL 3539514

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 1393225

Cited 3 times | Published

2d 1063, 1064 (Fla. 1st DCA 2008). In part, section 61.075(3), Florida Statutes (2007) provides that "[t]he

Hall v. Hall

962 So. 2d 404, 2007 WL 2274952

District Court of Appeal of Florida | Filed: Aug 10, 2007 | Docket: 1519029

Cited 3 times | Published

twenty-five percent interest in the property. Section 61.075(5)(a)(2), Florida Statutes (2001), includes

Riley v. Edwards-Riley

963 So. 2d 829, 2007 WL 2254581

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 1697474

Cited 3 times | Published

marital assets and liabilities between the parties. § 61.075(1), Fla. Stat. (2005). As explained in Robertson

Montalvo v. Montalvo

949 So. 2d 350, 2007 WL 601214

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1374424

Cited 3 times | Published

findings referencing factors in Florida Statutes section 61.075 (2006), and explaining reasons for the unequal

Schmitz v. Schmitz

950 So. 2d 462, 2007 WL 461389

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 1501293

Cited 3 times | Published

her marital equity by a substantial amount. Section 61.075(6), Florida Statutes, states, in pertinent

Hardee v. Hardee

929 So. 2d 714, 2006 WL 1419412

District Court of Appeal of Florida | Filed: May 25, 2006 | Docket: 1371331

Cited 3 times | Published

the cross-appeal, we affirm on cross-appeal. Section 61.075(1), Florida Statutes, "requires that the trial

Edel v. Walker

927 So. 2d 989, 2006 WL 846736

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 1765635

Cited 3 times | Published

contribution. See Catalfumo, 704 So.2d at 1099; § 61.075(6), Fla. Stat. (2003). Walker also contends that

Mobley v. Mobley

920 So. 2d 97, 2006 WL 140094

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 1730682

Cited 3 times | Published

parties or an explanation made of their omission. § 61.075(3), Fla. Stat. (1997). We affirm the final judgment

Johnson v. Johnson

902 So. 2d 241, 30 Fla. L. Weekly Fed. D 1251

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 1675025

Cited 3 times | Published

the law in Florida under Canakaris in 1980. Section 61.075, Florida Statutes, was codified several years

Reddell v. Reddell

899 So. 2d 1154, 2005 WL 735098

District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 756870

Cited 3 times | Published

the marital assets and liabilities. We agree. Section 61.075(3) states in part that the final judgment shall

Smilack v. Smilack

858 So. 2d 1072, 2003 WL 22103010

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 1513502

Cited 3 times | Published

parties' assets and liabilities pursuant to section 61.075, Florida Statutes (1997). If no relief is given

Rosenbloom v. Rosenbloom

851 So. 2d 190, 2003 WL 21347236

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 2370346

Cited 3 times | Published

investment conduct may well have been imprudent. See § 61.075(1)(i), Fla. Stat. (2001); Gentile v. Gentile,

Schriefer v. Schriefer

831 So. 2d 1284, 2002 WL 31840786

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 1387931

Cited 3 times | Published

prove a special equity in the marital residence. § 61.075(5), Fla. Stat. See Archer v. Archer, 712 So.2d

Pegram v. Pegram

821 So. 2d 1264, 2002 WL 1769243

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 1657180

Cited 3 times | Published

divorce by a final decree of dissolution"). Section 61.075(4), Florida Statutes (1995), provides that

Nieboer v. Nieboer

816 So. 2d 1259, 2002 WL 1181067

District Court of Appeal of Florida | Filed: Jun 5, 2002 | Docket: 1565599

Cited 3 times | Published

expenses incurred after the parties' separation. Section 61.075(3)(b), (c), Florida Statutes (1999), requires

Edwards v. Edwards

819 So. 2d 837, 2002 WL 1378728

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 121269

Cited 3 times | Published

trial court correctly recognized, pursuant to section 61.075(5)(a)(4), Florida Statutes (1999), that the

Martin v. Martin

816 So. 2d 185, 2002 WL 841272

District Court of Appeal of Florida | Filed: May 2, 2002 | Docket: 1567035

Cited 3 times | Published

spouse was responsible for each, as required by section 61.075(3)(c), constitutes reversible error."). The

Town v. Town

801 So. 2d 324, 2001 WL 1616510

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 1744786

Cited 3 times | Published

the value of the various assets distributed. See § 61.075(3)(b) (in a contested dissolution proceeding,

Binker v. Binker

781 So. 2d 505, 2001 WL 321923

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 150577

Cited 3 times | Published

supported by competent substantial evidence. See § 61.075(3), Fla. Stat. (1997); see also Canakaris v. Canakaris

Wertkin v. Wertkin

763 So. 2d 461, 2000 WL 763602

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 1681806

Cited 3 times | Published

marital asset subject to equitable distribution. Section 61.075(5), Florida Statutes (1997), defines a marital

Hamilton v. Hamilton

758 So. 2d 1213, 2000 WL 628308

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1404153

Cited 3 times | Published

non-marital property within the meaning of section 61.075(5)(b)2., Florida Statutes (1999). The parties

Witowski v. Witowski

758 So. 2d 1181, 2000 WL 554450

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 1726175

Cited 3 times | Published

CONTRIBUTION TO PENSION At the outset, we observe that section 61.075, Florida Statutes (1997), governs equitable

Jonsson v. Jonsson

715 So. 2d 1064, 1998 WL 429395

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 1115684

Cited 3 times | Published

v. Adams, 677 So.2d 6, 8 (Fla. 5th DCA 1996); § 61.075(1)(i), Fla. Stat. (Supp.1996). However, the instant

Wilkinson v. Wilkinson

714 So. 2d 524, 1998 WL 307565

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 461560

Cited 3 times | Published

also direct the trial court's attention to section 61.075(3)(c), Florida Statutes (Supp.1996), which

Singleton v. Singleton

696 So. 2d 1338, 1997 WL 408753

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 1325874

Cited 3 times | Published

Lauderdale, for appellee. PER CURIAM. Contrary to section 61.075(3), Florida Statutes (1995), the final judgment

Baird v. Baird

696 So. 2d 844, 1997 WL 148676

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 1696159

Cited 3 times | Published

special equity is upon the party claiming it. § 61.075(5)(a), Fla.Stat. (1995). Entireties real estate

Huber v. Huber

687 So. 2d 42, 1997 WL 14194

District Court of Appeal of Florida | Filed: Jan 17, 1997 | Docket: 1371070

Cited 3 times | Published

this approach by the trial court contravenes section 61.075(6), Florida Statutes (1994 Supp.) which provides:

Lyons v. Lyons

687 So. 2d 837, 1996 WL 710787

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 2534170

Cited 3 times | Published

inheritances, is the wife's nonmarital asset. See § 61.075(5)(b)2., Fla. Stat. (Supp.1994). Because our holding

Watson v. Watson

683 So. 2d 534, 1996 WL 497022

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 2512708

Cited 3 times | Published

a distribution based on all relevant factors. § 61.075(1), Fla. Stat. (1995). In the present case, the

Smeaton v. Smeaton

678 So. 2d 501, 1996 WL 476981

District Court of Appeal of Florida | Filed: Aug 23, 1996 | Docket: 1391664

Cited 3 times | Published

by the entireties constitutes a marital asset. § 61.075(5)(a)5; Robertson v. Robertson, 593 So.2d 491

Bomwell v. Bomwell

676 So. 2d 508, 1996 WL 382305

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 1693122

Cited 3 times | Published

whether these were marital nor non-marital, section 61.075(3)(b), Florida Statutes (1993), only requires

Hadden v. Cirelli

675 So. 2d 1003, 1996 WL 324657

District Court of Appeal of Florida | Filed: Jun 14, 1996 | Docket: 1694646

Cited 3 times | Published

title to real property. One is outlined in section 61.075(4), Florida Statutes (Supp.1994), and the other

Kelley v. Kelley

678 So. 2d 369, 1996 WL 316221

District Court of Appeal of Florida | Filed: Jun 13, 1996 | Docket: 388934

Cited 3 times | Published

trial court failed to make findings required by section 61.075(3), Florida Statutes. Finch v. Finch, 659 So

Spence v. Spence

669 So. 2d 1110, 1996 WL 117014

District Court of Appeal of Florida | Filed: Mar 19, 1996 | Docket: 530915

Cited 3 times | Published

distribution; therefore, we reverse and remand. § 61.075, Fla.Stat.; Taber v. Taber, 626 So.2d 1089 (Fla

Monas v. Monas

665 So. 2d 346, 1995 WL 757907

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 1352017

Cited 3 times | Published

because the trial court did not comply with section 61.075(3), Florida Statutes (1993), which requires

Dunagan v. Dunagan

664 So. 2d 68, 1995 WL 733327

District Court of Appeal of Florida | Filed: Dec 13, 1995 | Docket: 1724780

Cited 3 times | Published

the franchise and thus its overall success. Section 61.075(5)(a)(2), Florida Statutes (1993), should not

Finch v. Finch

659 So. 2d 1351, 1995 WL 525669

District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 1747944

Cited 3 times | Published

the factors listed in section 61.075(1), as is expressly required by section 61.075(3). The judgment merely

Smith v. Smith

655 So. 2d 1267, 1995 WL 325952

District Court of Appeal of Florida | Filed: Jun 2, 1995 | Docket: 1327104

Cited 3 times | Published

judgment. We conclude that this finding was error. Section 61.075, Florida Statutes (1993), allows the trial

Esposito v. Esposito

651 So. 2d 1248, 1995 WL 96822

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 476730

Cited 3 times | Published

distribution of all marital assets and liabilities. See § 61.075, Fla. Stat. (1991); Robertson v. Robertson, 593

Webb v. Webb

636 So. 2d 883, 1994 WL 189802

District Court of Appeal of Florida | Filed: May 17, 1994 | Docket: 1715388

Cited 3 times | Published

devise, or descent are non-marital assets under section 61.075(5)(b)2, Florida Statutes (1993), this is not

Livingston v. Livingston

633 So. 2d 1162, 1994 WL 86475

District Court of Appeal of Florida | Filed: Mar 21, 1994 | Docket: 1708070

Cited 3 times | Published

553 So.2d 1389, 1391 (Fla. 5th DCA 1990). Section 61.075(5)(a)4, Florida Statutes (1991), classifies

Gill v. Gill

632 So. 2d 226, 1994 WL 46966

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 1514000

Cited 3 times | Published

marital assets or both, became a marital asset. § 61.075(5)(a)(2), Fla. Stat. (1991). The husband contends

Knecht v. Knecht

629 So. 2d 883, 1993 WL 469316

District Court of Appeal of Florida | Filed: Jan 25, 1994 | Docket: 1263888

Cited 3 times | Published

the parties' assets as nonmarital and marital. § 61.075(1), Fla. Stat. (1991); Robertson v. Robertson

Cortez v. Cortez

625 So. 2d 965, 1993 WL 424198

District Court of Appeal of Florida | Filed: Oct 22, 1993 | Docket: 411209

Cited 3 times | Published

designation for each asset, as required by section 61.075, Florida Statutes (1991), we are not able to

Saare v. Saare

610 So. 2d 628, 1992 WL 365765

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1734818

Cited 3 times | Published

and that this asset had the value of $20,000. § 61.075(3)(a)2., Fla. Stat. (1989); Young v. Young, 606

Spillert v. Spillert

603 So. 2d 700, 1992 WL 201053

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 1476035

Cited 3 times | Published

liabilities in such proportions as are equitable." § 61.075(1), Florida Statutes (1989). The starting point

Ibanez-Vogelsang v. Vogelsang

601 So. 2d 1303, 1992 WL 153931

District Court of Appeal of Florida | Filed: Jul 7, 1992 | Docket: 364945

Cited 3 times | Published

rehabilitative alimony, and $26,000 in attorney's fees. Section 61.075, Florida Statutes (1991), creates a presumption

Ibanez-Vogelsang v. Vogelsang

601 So. 2d 1303, 1992 WL 153931

District Court of Appeal of Florida | Filed: Jul 7, 1992 | Docket: 364945

Cited 3 times | Published

rehabilitative alimony, and $26,000 in attorney's fees. Section 61.075, Florida Statutes (1991), creates a presumption

Straley v. Frank

585 So. 2d 334, 1991 WL 143768

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 271512

Cited 3 times | Published

(Fla. 1983), and by the Florida Legislature in section 61.075, Florida Statutes (1989). Straley and Frank

RYAN MATTHEW TRITSCHLER v. HOLLY MARIE TRITSCHLER

273 So. 3d 1161

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738234

Cited 2 times | Published

and does not comply with the requirements of section 61.075(3), Florida Statutes (2017), because it does

Gregory Rawson, Former Husband v. Lisa L. Rawson, Former Wife

264 So. 3d 325

District Court of Appeal of Florida | Filed: Feb 4, 2019 | Docket: 14533672

Cited 2 times | Published

6 While section 61.075(1), Florida Statutes, instructs the trial court

Gregory Rawson, Former Husband v. Lisa L. Rawson, Former Wife

264 So. 3d 325

District Court of Appeal of Florida | Filed: Feb 4, 2019 | Docket: 14533672

Cited 2 times | Published

6 While section 61.075(1), Florida Statutes, instructs the trial court

KEVIN S. GARRISON v. CATHELINE GARRISON

255 So. 3d 877

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015484

Cited 2 times | Published

Reversal is also required on the valuation issue. Section 61.075 of the Florida Statutes provides that in any

Knecht v. Palmer

252 So. 3d 842

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 64686088

Cited 2 times | Published

marriage, shall be presumed to be a marital asset." § 61.075(6)(a)3., Fla. Stat. (2015). It was also undisputed

GILBERT RAMOS v. PAULA RAMOS

230 So. 3d 893

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6232651

Cited 2 times | Published

enhancement of value to the premarital business. Section 61.075(6)(a)l.b., Florida Statutes (2016), states

CALVIN CALLWOOD v. TOLEATHA CALLWOOD

221 So. 3d 1198

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085994

Cited 2 times | Published

findings regarding the factors enumerated in section 61.075(1), Florida Statutes (2016). We also reverse

Ziruolo v. Ziruolo

217 So. 3d 1170, 2017 WL 1536066, 2017 Fla. App. LEXIS 5935

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265637

Cited 2 times | Published

warranted under the statutory factors listed in § 61.075(l)(a)-(j), Florida Statutes. See Watson v. Watson

Bair v. Bair

214 So. 3d 750, 2017 Fla. App. LEXIS 3737

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 4620329

Cited 2 times | Published

marital labor constitutes a marital asset under section 61.075(6)(a)(l)(b), Florida Statutes (2012), which

Conlin v. Conlin

212 So. 3d 487, 2017 WL 788392, 2017 Fla. App. LEXIS 2725

District Court of Appeal of Florida | Filed: Mar 1, 2017 | Docket: 4611976

Cited 2 times | Published

trial court erred in this regard. 1 Section 61.075(1) provides that “the court shall set apart

Gilliard v. Gilliard

162 So. 3d 1147, 2015 Fla. App. LEXIS 6002, 2015 WL 1851561

District Court of Appeal of Florida | Filed: Apr 24, 2015 | Docket: 60247388

Cited 2 times | Published

premise that the distribution should be equal ....”§ 61.075(1), Fla. Stat. (2013). Although a trial court

Flaherty v. Flaherty

128 So. 3d 920, 2013 WL 6691134, 2013 Fla. App. LEXIS 20110

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60237215

Cited 2 times | Published

remand, the court shall consider the factors of section 61.075 including the valuation of the pawn business

Packo v. Packo

120 So. 3d 232, 2013 WL 4605622, 2013 Fla. App. LEXIS 13927

District Court of Appeal of Florida | Filed: Aug 30, 2013 | Docket: 60233963

Cited 2 times | Published

required findings). A. Equitable Distribution Section 61.075(3), Florida Statutes (2011), requires a trial

Bateh v. Bateh

98 So. 3d 750, 2012 WL 4839756, 2012 Fla. App. LEXIS 17765

District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60312562

Cited 2 times | Published

distribution of the parties remaining assets. See § 61.075(5)(b), Fla. Stat. Appellant asserts that Appellee’s

Amos v. Amos

99 So. 3d 979, 2012 WL 4513337, 2012 Fla. App. LEXIS 16703

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60313323

Cited 2 times | Published

distributing marital assets. The applicable law, section 61.075(1), Florida Statutes, describes nine enumerated

Macleod v. Macleod

82 So. 3d 147, 2012 WL 555421, 2012 Fla. App. LEXIS 2663

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60306101

Cited 2 times | Published

the parties’ marital funds on the cottage. See § 61.075(6)(a)l.b., Fla. Stat. (2010) (“The enhancement

Robertson v. Robertson

78 So. 3d 76, 2012 Fla. App. LEXIS 670, 37 Fla. L. Weekly Fed. D 197

District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 283257

Cited 2 times | Published

development had begun prior to the marriage. See § 61.075(6)(b)1.b., Fla. Stat. ("Assets acquired and liabilities

Tummings v. Francois

82 So. 3d 955, 2011 Fla. App. LEXIS 12556, 2011 WL 3477165

District Court of Appeal of Florida | Filed: Aug 10, 2011 | Docket: 60306307

Cited 2 times | Published

filing of a petition for dissolution of marriage.” § 61.075(7), Fla. Stat. (2008). But “[t]he date for determining

Lacoste v. Lacoste

58 So. 3d 404, 2011 WL 1414140

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 2365951

Cited 2 times | Published

findings on each of the factors set forth in *406 section 61.075(1), Florida Statutes (2006), which permits

LaCoste v. LaCoste

58 So. 3d 404, 2011 Fla. App. LEXIS 5348

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 60299359

Cited 2 times | Published

less-than-two-year duration of the marriage, see section 61.075(l)(c); and the fact that only the former husband

Kaaa v. Kaaa

58 So. 3d 867, 2010 WL 3782031

Supreme Court of Florida | Filed: Mar 31, 2011 | Docket: 2365904

Cited 2 times | Published

is subject to equitable distribution under section 61.075(5)(a)(2), Florida Statutes (2007). For the

Orloff v. Orloff

67 So. 3d 271, 2011 Fla. App. LEXIS 4344, 2011 WL 1136434

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 1913649

Cited 2 times | Published

in exchange for such assets and liabilities." § 61.075(6)(b)(1), Fla. Stat. (2009). This court in Pinder

Chehab v. Hamilton-Chehab

45 So. 3d 533, 2010 Fla. App. LEXIS 15134, 2010 WL 3927202

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 224757

Cited 2 times | Published

properly deemed to be a marital asset pursuant to section 61.075(6)(a)1., Florida Statutes (2009), which defines

Conlan v. Conlan

43 So. 3d 931, 2010 Fla. App. LEXIS 13621, 2010 WL 3564435

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 1248325

Cited 2 times | Published

marital money was used for these improvements. Section 61.075(5)(b)(1), Florida Statutes (2007), provides

Furbee v. Barrow

45 So. 3d 22, 2010 Fla. App. LEXIS 11460, 2010 WL 3059609

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 2397794

Cited 2 times | Published

must begin with the statutory requirement of section 61.075(3), Florida Statutes (2007), that the assets

Mistretta v. Mistretta

31 So. 3d 206, 2010 Fla. App. LEXIS 1642, 2010 WL 547149

District Court of Appeal of Florida | Filed: Feb 18, 2010 | Docket: 1647936

Cited 2 times | Published

as the “date for determining value of assets,” § 61.075(7), Fla. Stat. (2008), for purposes of equitable

Mistretta v. Mistretta

31 So. 3d 206, 2010 Fla. App. LEXIS 1642, 2010 WL 547149

District Court of Appeal of Florida | Filed: Feb 18, 2010 | Docket: 1647936

Cited 2 times | Published

as the “date for determining value of assets,” § 61.075(7), Fla. Stat. (2008), for purposes of equitable

Dye v. Dye

17 So. 3d 1278, 2009 Fla. App. LEXIS 14711, 2009 WL 3151344

District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 1141718

Cited 2 times | Published

trial court's valuation of marital assets. See § 61.075(3), Fla. Stat. (2007); Tucker v. Tucker, 966 So

Foley v. Foley

19 So. 3d 1031, 2009 Fla. App. LEXIS 14258, 2009 WL 3046395

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1162475

Cited 2 times | Published

given based on the relevant statutory factors. § 61.075(1), Fla. Stat. (2007); see Hitchcock v. Hitchcock

Kaaa v. Kaaa

9 So. 3d 756, 2009 Fla. App. LEXIS 4250, 2009 WL 1260147

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 280210

Cited 2 times | Published

Husband's non-marital property pursuant to Section 61.075(5)(b)[,] Florida Statutes. I. During the marriage

Cardella-Navarro v. Navarro

992 So. 2d 856, 2008 WL 4414219

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 111899

Cited 2 times | Published

primary business is also inconsistent with section 61.075, Florida Statutes. Accordingly, we reverse

Juliano v. Juliano

991 So. 2d 394, 2008 WL 4223759

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1275913

Cited 2 times | Published

equally divided between the parties. Pursuant to section 61.075, Florida Statutes (2007), a trial court has

Julia v. Russo

984 So. 2d 1283, 2008 WL 2596324

District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 1685796

Cited 2 times | Published

certain assets were marital or nonmarital under section 61.075(5), Florida Statutes (2005). The principles

Burnett v. Burnett

995 So. 2d 519, 2008 WL 2219567

District Court of Appeal of Florida | Filed: May 30, 2008 | Docket: 1284536

Cited 2 times | Published

were financially feasible for the parties. See § 61.075(1)(h), Fla. Stat. (2007) (requiring court to consider

Wolf v. Wolf

979 So. 2d 1123, 2008 WL 976845

District Court of Appeal of Florida | Filed: Apr 11, 2008 | Docket: 1714604

Cited 2 times | Published

the record presented here, we agree in part. Section 61.075(3), Florida Statutes (2003), requires the trial

Voronin v. VORONINA

975 So. 2d 1228, 2008 WL 649201

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1421978

Cited 2 times | Published

Guida, 870 So.2d 222, 224 (Fla. 2d DCA 2004); § 61.075(3)(b), Fla. Stat. (2005). We distinguish Esaw

Adams v. Cook

969 So. 2d 1185, 2007 WL 4268970

District Court of Appeal of Florida | Filed: Dec 7, 2007 | Docket: 1726008

Cited 2 times | Published

business that existed on the date of the filing. See § 61.075(6), Fla. Stat. (2003). Further, no testimony was

Arnold v. Arnold

967 So. 2d 392, 2007 WL 3033496

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 1733625

Cited 2 times | Published

the DROP program on or about May 27, 2002. Section 61.075(1), Florida Statutes (2006), provides that

Rivero v. Rivero

963 So. 2d 934, 2007 Fla. App. LEXIS 13885, 2007 WL 2480534

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 64852052

Cited 2 times | Published

after the dissolution of the parties’ marriage. Section 61.075, Florida Statutes (2003), states in pertinent

Williams v. Williams

904 So. 2d 488, 2005 WL 1109502

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 1365252

Cited 2 times | Published

responsible for paying each liability. Pursuant to section 61.075(3)(c), Florida Statutes (2003), the trial court

Herrera v. Herrera

895 So. 2d 1171, 30 Fla. L. Weekly Fed. D 461

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 1255091

Cited 2 times | Published

enhancement was a marital asset. We disagree. Section 61.075(5)(a)(2), Florida Statutes (2002), provides

Herrera v. Herrera

895 So. 2d 1171, 30 Fla. L. Weekly Fed. D 461

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 1255091

Cited 2 times | Published

enhancement was a marital asset. We disagree. Section 61.075(5)(a)(2), Florida Statutes (2002), provides

Guelpa v. Guelpa

885 So. 2d 409, 2004 WL 2309902

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 1685291

Cited 2 times | Published

filing of a petition for dissolution of marriage." § 61.075(6), Fla. Stat. (2001); see also Leeds v. Adamse

Worley v. Worley

855 So. 2d 632, 2003 WL 21817921

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1504243

Cited 2 times | Published

Witowski, section 61.075, Florida Statutes (2000), governs equitable distribution. Section 61.075(5)(b) provides

Bailey v. Bailey

851 So. 2d 286, 2003 WL 21800227

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 1313143

Cited 2 times | Published

inequitable distribution. In accordance with section 61.075(1), Florida Statutes (2001), if a court's distribution

Spitulski v. Spitulski

816 So. 2d 1251, 2002 WL 1071940

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1559995

Cited 2 times | Published

obliged to make written findings as required by section 61.075(3), Florida Statutes, but failed to make valuations

Dean v. Dean

793 So. 2d 1121, 2001 WL 1020387

District Court of Appeal of Florida | Filed: Sep 7, 2001 | Docket: 1266329

Cited 2 times | Published

account after the parties separated. Pursuant to section 61.075(6),[1] the cut off date for determining assets

Crews v. Lankry (In Re Lankry)

263 B.R. 638, 2001 Bankr. LEXIS 927, 2001 WL 715650

United States Bankruptcy Court, M.D. Florida | Filed: Jun 20, 2001 | Docket: 2572081

Cited 2 times | Published

equitably distributed pursuant to Florida Statutes § 61.075. Plaintiff also argues that the tenancy by the

Bogin v. Bogin

780 So. 2d 971, 2001 WL 208792

District Court of Appeal of Florida | Filed: Mar 5, 2001 | Docket: 2587933

Cited 2 times | Published

petition for dissolution, August 7, 1998. See § 61.075(6), Fla.Stat. (1997). We find no error in the

Sayegh v. Sayegh

777 So. 2d 1007, 2000 WL 1855046

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 1513935

Cited 2 times | Published

nonmarital and addressed it in the final judgment. See § 61.075, Fla. Stat. (1997); Ritter, 690 So.2d at 1375-76

Boulis v. Boulis

754 So. 2d 810, 2000 WL 313595

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 431315

Cited 2 times | Published

000 marital estate. Pertinent to this case is section 61.075(6), Florida Statutes (1999), which provides

Carr v. Carr

779 So. 2d 311, 1999 WL 682607

District Court of Appeal of Florida | Filed: Sep 3, 1999 | Docket: 1521093

Cited 2 times | Published

making findings of fact. This too was error. Section 61.075, Florida Statutes (1997), requires the trial

Gregson v. Gregson

739 So. 2d 1266, 1999 WL 641465

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 1688666

Cited 2 times | Published

fixing her equal equity at *1267 $26,000. See § 61.075(3)(a)(5), Fla. Stat. (1997); Robertson v. Robertson

Gregson v. Gregson

739 So. 2d 1266, 1999 WL 641465

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 1688666

Cited 2 times | Published

fixing her equal equity at *1267 $26,000. See § 61.075(3)(a)(5), Fla. Stat. (1997); Robertson v. Robertson

Pierre-Louis v. Pierre-Louis

715 So. 2d 1073, 1998 Fla. App. LEXIS 9880, 1998 WL 476768

District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 1175404

Cited 2 times | Published

unequal distribution based upon certain factors. See § 61.075(1), Fla. Stat. (Supp.1996). One such factor that

Lawrence v. Lawrence

709 So. 2d 192, 1998 WL 219712

District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 2542184

Cited 2 times | Published

equity award to the former wife as prescribed by section 61.075(3), Florida Statutes (1995). In the absence

White v. White

710 So. 2d 208, 1998 WL 216093

District Court of Appeal of Florida | Filed: May 5, 1998 | Docket: 1731570

Cited 2 times | Published

spouse's nonmarital assets and liabilities...." § 61.075(1), Fla. Stat. (1995); Dyer v. Dyer, 658 So.2d

Seiffert v. Seiffert

702 So. 2d 273, 1997 WL 750824

District Court of Appeal of Florida | Filed: Dec 8, 1997 | Docket: 1513340

Cited 2 times | Published

assets are properly designated as marital. See § 61.075(5)(b)2, Fla. Stat. (Supp.1996); Williams v. Williams

Young v. Young

698 So. 2d 314, 1997 WL 423432

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 434013

Cited 2 times | Published

individually by either spouse or jointly by them ..." § 61.075(5)(a)(1), Fla. Stat. (1995). Such assets are presumed

Dease v. Dease

688 So. 2d 454, 1997 WL 82570

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 443844

Cited 2 times | Published

that the property is marital or separate. See § 61.075(3), Fla.Stat.; Esposito v. Esposito, 651 So.2d

Honeycutt v. Honeycutt

669 So. 2d 1098, 1996 WL 111763

District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 530078

Cited 2 times | Published

and valuation requirements are mandated by section 61.075(3), Florida Statutes, which was enacted effective

Rosen v. Rosen

655 So. 2d 153, 1995 WL 254362

District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 1696902

Cited 2 times | Published

the values of those assets in accordance with section 61.075(3), Florida Statutes (1993). Miller v. Miller

Hess v. Hess

654 So. 2d 199, 1995 WL 229232

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 1710420

Cited 2 times | Published

because the record contains no transcript. See § 61.075(5)(a)5, Fla. Stat. (1993). We remand to the lower

Pleas v. Pleas

652 So. 2d 435, 1995 WL 111485

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 475836

Cited 2 times | Published

and make adequate findings in accordance with section 61.075, including identification and valuation, to

Adkins v. Adkins

650 So. 2d 61, 1994 WL 656164

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 1346563

Cited 2 times | Published

funds or other forms of marital assets, or both." § 61.075(5)(a)(2), Fla. Stat. (1991). Although the trial

Green v. Green

650 So. 2d 181, 1995 WL 49128

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 1702968

Cited 2 times | Published

suggest that such a division is appropriate. Section 61.075, Florida Statutes (1993), which governs the

Friedberg v. Sunbank/Miami, NA

648 So. 2d 204, 1994 WL 706233

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 1701907

Cited 2 times | Published

strange that a divorced spouse is entitled, under section 61.075, Florida Statutes, to reach assets held in

Bell v. Bell

642 So. 2d 1173, 1994 WL 525071

District Court of Appeal of Florida | Filed: Sep 29, 1994 | Docket: 549676

Cited 2 times | Published

unequal division of assets may be warranted. Section 61.075, Florida Statutes (1989), specifies the factors

Matti v. Matti

647 So. 2d 168, 1994 WL 278122

District Court of Appeal of Florida | Filed: Jun 24, 1994 | Docket: 437446

Cited 2 times | Published

in this case. We, again, agree. Pursuant to section 61.075, Florida Statutes (1991), a court may consider

Williams v. Williams

619 So. 2d 972

District Court of Appeal of Florida | Filed: Mar 23, 1993 | Docket: 1381648

Cited 2 times | Published

the husband had inherited from his father. Section 61.075(1), Florida Statutes (1991) provides, "In a

Parker v. Parker

610 So. 2d 719, 1992 WL 383038

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 1413438

Cited 2 times | Published

upon the dictates of existing case law and section 61.075, Florida Statutes, the award of equitable distribution

Yates v. Yates

577 So. 2d 719, 1991 WL 53547

District Court of Appeal of Florida | Filed: Apr 12, 1991 | Docket: 1654202

Cited 2 times | Published

of each spouse to the incurring of liabilities. § 61.075(1)(g), Fla. Stat. (1989). We cannot, however,

THELMA ROWE-LEWIS v. HORACE LEWIS

267 So. 3d 1039

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865447

Cited 1 times | Published

distribution of the business in its final judgment. See § 61.075(3), Fla. Stat. (2017) (setting forth the process

Moody v. Newton

264 So. 3d 292

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704574

Cited 1 times | Published

maintain the home over an extended period." See § 61.075(h), Fla. Stat. (2017) (stating that it must be

Moody v. Newton

264 So. 3d 292

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704574

Cited 1 times | Published

maintain the home over an extended period." See § 61.075(h), Fla. Stat. (2017) (stating that it must be

SERAP FREDERICK v. TIMOTHY FREDERICK

257 So. 3d 1105

District Court of Appeal of Florida | Filed: Sep 14, 2018 | Docket: 7877929

Cited 1 times | Published

" Id. (citing § 61.075(3), Fla. Stat. (2013)). Under section 61.075, nonmarital assets

Sean Patrick Mahoney v. Virginia Colby Mahoney

251 So. 3d 977

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7387545

Cited 1 times | Published

an incorrect cut-off date. We agree. Section 61.075(7), Florida Statutes (2016), provides that

TERESA LOVELASS f/k/a TERESA HUTCHINSON v. CHRISTOPHER HUTCHINSON

250 So. 3d 701

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292499

Cited 1 times | Published

individually by either spouse or jointly by them.” § 61.075(6)(a)(1), Fla. Stat. (2016). Marital assets also

JENNIFER DAVIS v. COURTNEY DAVIS

245 So. 3d 810

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716315

Cited 1 times | Published

automobile business was a marital asset. Section 61.075(7), Florida Statutes (2016), governs the equitable

Randy J. Fischer, Husband v. Kathleen Therese Fischer, Wife

224 So. 3d 919, 2017 Fla. App. LEXIS 12235, 2017 WL 3686778

District Court of Appeal of Florida | Filed: Aug 28, 2017 | Docket: 6144137

Cited 1 times | Published

at 243. We further reasoned that because section 61.075(1), Florida Statutes (2004), directed the trial

ROBERT W. HIGGINS v. KATHY MUSSO HIGGINS n/k/a KATHY P. MUSSO

226 So. 3d 901, 2017 Fla. App. LEXIS 12045

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142263

Cited 1 times | Published

975 So.2d 628, 629 (Fla. 4th DCA 2008) (citing § 61.075(3); Fla. Stat.). “A trial court’s legal conclusion

NANCY B. HUA v. DENNIS H.L. TSUNG

222 So. 3d 584, 2017 WL 2858897, 2017 Fla. App. LEXIS 9638

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085983

Cited 1 times | Published

and allocate them to the parties pursuant to section 61.075(3), Florida Statutes (2014), it cannot adjudicate

Landrum v. Landrum

212 So. 3d 486, 2017 WL 729772, 2017 Fla. App. LEXIS 2539

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 60263372

Cited 1 times | Published

or by both spouses jointly are marital assets. § 61.075(6)(a)(l)(a), Fla. Stat. (2014). On the other hand

Jordan v. Jordan

199 So. 3d 343, 2016 Fla. App. LEXIS 11722, 2016 WL 4132676

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60256585

Cited 1 times | Published

failed to consider the factors required by section 61.075, Florida Statutes. We disagree in large part

Stacy D. Jaeger v. Robert M. Jaeger

195 So. 3d 414, 2016 Fla. App. LEXIS 9996, 2016 WL 3540950

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088353

Cited 1 times | Published

trial court’s rationale for the distribution — ” § 61.075(3)(d), Fla. Stat. (2012). Where certain findings

Sidney L. Pachter, Jr. v. Danielle Pachter

194 So. 3d 567, 2016 Fla. App. LEXIS 9988, 2016 WL 3533869

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088354

Cited 1 times | Published

the expenses of the home prior to the sale. Section 61.075(1)0), Florida Statutes (2014), states that

Salazar v. Giraldo

190 So. 3d 248, 2016 WL 2596051, 2016 Fla. App. LEXIS 6979

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063751

Cited 1 times | Published

the equitable distribution statute, section 61.075, Florida Statutes (2013), and the fact

Mills v. Mills

192 So. 3d 515, 2016 WL 1718839, 2016 Fla. App. LEXIS 6522

District Court of Appeal of Florida | Filed: Apr 29, 2016 | Docket: 3061460

Cited 1 times | Published

was subsequently ratified by the other spouse. § 61.075(6)(b)5., Fla. Stat. (2014). 2 Former

Jimmie B. Ketcher, Husband v. Deirdre E. Ketcher, Wife

188 So. 3d 991, 2016 WL 1660620, 2016 Fla. App. LEXIS 6432

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058408

Cited 1 times | Published

of the equitable distribution of his pension); § 61,075(1), Fla. Stat. (recognizing the court’s inherent

Gromet v. Jensen

201 So. 3d 132, 2015 Fla. App. LEXIS 15190

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919769

Cited 1 times | Published

husband’s inheritance from his mother. See § 61.075(6)(b)2., Fla. Stat. (2014) (providing that nonmarital

Kyriacou v. Kyriacou

173 So. 3d 1111, 2015 Fla. App. LEXIS 12706, 2015 WL 5023436

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687743

Cited 1 times | Published

indication that it considered the factors listed in section 61.075(l)(a)-(j), Florida Statutes (2011), in making

Somasca v. Somasca

171 So. 3d 780, 2015 Fla. App. LEXIS 11555, 2015 WL 4610463

District Court of Appeal of Florida | Filed: Jul 31, 2015 | Docket: 2680243

Cited 1 times | Published

subject to equitable distribution. See § 61.075(6)(a)(1)(b), Fla. Stat. (2012) (“As used in this

Smith v. Smith

169 So. 3d 220, 2015 Fla. App. LEXIS 9908, 2015 WL 3986136

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679122

Cited 1 times | Published

petition for dissolution of marriage. See § 61.075(7), Fla. Stat. (2012). “Assets and liabilities

Orizondo v. Orizondo

146 So. 3d 151, 2014 Fla. App. LEXIS 13741, 2014 WL 4374592

District Court of Appeal of Florida | Filed: Sep 5, 2014 | Docket: 60242859

Cited 1 times | Published

factual findings to support the allocation. See § 61.075, Fla. Stat. (2018). The remaining issues raised

Fairchild v. Fairchild

135 So. 3d 537, 2014 WL 1325692, 2014 Fla. App. LEXIS 5011

District Court of Appeal of Florida | Filed: Apr 4, 2014 | Docket: 60239686

Cited 1 times | Published

should have been treated as marital funds. See § 61.075(6)(a)l.d., Fla. Stat. (2011) (defining marital

Broadway v. Broadway

132 So. 3d 953, 2014 WL 684956, 2014 Fla. App. LEXIS 2385

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60238597

Cited 1 times | Published

individually by either spouse or jointly by them.” § 61.075(6)(a)l.a., Fla. Stat. (2011). Florida Statutes

Wagner v. Wagner

136 So. 3d 718, 2014 WL 562937, 2014 Fla. App. LEXIS 2025

District Court of Appeal of Florida | Filed: Feb 14, 2014 | Docket: 60240069

Cited 1 times | Published

individually by either spouse or jointly by them.” § 61.075(6)(a)(l)(a), Fla. Stat. (2011). Unless the parties

Defanti v. Russell

126 So. 3d 377, 2013 WL 5729785, 2013 Fla. App. LEXIS 16776, 38 Fla. L. Weekly Fed. D 2216

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60236425

Cited 1 times | Published

distribution arises from section 61.075(5), Florida Statutes (2012). Section 61.075(5), in pertinent part

Teague v. Teague

122 So. 3d 938, 2013 WL 5538745, 2013 Fla. App. LEXIS 15911

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234818

Cited 1 times | Published

are presumed to be a marital debt. See generally § 61.075, Fla.' Stat. (2012). Thus, if the loans are treated

Spikes v. OneWest Bank FSB

106 So. 3d 475, 2012 WL 6601217, 2012 Fla. App. LEXIS 21776

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60228211

Cited 1 times | Published

the home, has a marital interest in the home. § 61.075(6)(a)l.a., Fla. Stat. (2011). Nicole can claim

Byrne v. Byrne

128 So. 3d 2, 2012 WL 933066, 2012 Fla. App. LEXIS 4350

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60237027

Cited 1 times | Published

without sufficient legal justification. We agree. Section 61.075(1), Florida Statutes (2010), states, in pertinent

Witt v. Witt

74 So. 3d 1127, 2011 Fla. App. LEXIS 18412, 2011 WL 5600018

District Court of Appeal of Florida | Filed: Nov 18, 2011 | Docket: 2352842

Cited 1 times | Published

Canakaris, 382 So.2d 1197, 1202-03 (Fla.1980). Section 61.075, Florida Statutes (2005), governs the distribution

Yu Wu v. Xiaoming Xing

77 So. 3d 705, 2011 Fla. App. LEXIS 17775, 2011 WL 5375036

District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 60304757

Cited 1 times | Published

this award, as required under Chapter 61. See § 61.075(3), Fla. Stat. (2008); Lee v. Lee, 56 So.3d 819

Fotinos v. Fotinos

74 So. 3d 142, 2011 Fla. App. LEXIS 16510, 36 Fla. L. Weekly Fed. D 2287

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 2354236

Cited 1 times | Published

possession of the home to the former husband. Section 61.075(1), Florida Statutes (2009), provides that

Horton v. Horton

62 So. 3d 689, 2011 Fla. App. LEXIS 8442, 2011 WL 2278993

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 60300833

Cited 1 times | Published

account is to be equitably distributed under section 61.075, Florida Statutes (2009). A cover-ture fraction

Lule v. Lule

60 So. 3d 567, 2011 Fla. App. LEXIS 6658, 36 Fla. L. Weekly Fed. D 1020

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300285

Cited 1 times | Published

Bode, 21 So.3d 867, 869 (Fla. 4th DCA 2009). Section 61.075(3), Florida Statutes (2008), directs trial

Mills v. Mills

62 So. 3d 672, 2011 Fla. App. LEXIS 6454, 2011 WL 1707233

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 2361242

Cited 1 times | Published

distribute all the marital assets. This was error. See § 61.075(3)(a), Fla. Stat. (2006); Lanier v. Lanier, 861

Brathwaite v. Brathwaite

58 So. 3d 398, 2011 Fla. App. LEXIS 5350, 2011 WL 1413319

District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 60299357

Cited 1 times | Published

contributions. Witowski, 758 So.2d at 1186 (citing § 61.075, Fla. Stat.); Downey v. Downey, 843 So.2d 932

Wagner v. Wagner

61 So. 3d 1141, 2011 Fla. App. LEXIS 4370, 2011 WL 1167209

District Court of Appeal of Florida | Filed: Mar 31, 2011 | Docket: 60300366

Cited 1 times | Published

establishing a value for the remaining furnishings. Section 61.075(3)(b), Florida Statutes, provides that a judgment

Valdes v. Valdes

62 So. 3d 7, 2011 Fla. App. LEXIS 2665, 2011 WL 710171

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2361812

Cited 1 times | Published

remand for further proceedings consistent with section 61.075, Florida Statutes. Id. at 267-68 (citations

Tilchin v. Tilchin

51 So. 3d 596, 2011 Fla. App. LEXIS 19, 2011 WL 43485

District Court of Appeal of Florida | Filed: Jan 7, 2011 | Docket: 98860

Cited 1 times | Published

the parties' marital home and a second home. Section 61.075(1), Florida Statutes (2008), provides that

Jones v. Jones

51 So. 3d 547, 2010 Fla. App. LEXIS 19934, 2010 WL 5540948

District Court of Appeal of Florida | Filed: Dec 21, 2010 | Docket: 2407352

Cited 1 times | Published

dissipation into the equitable distribution under section 61.075(1)(i), Florida Statutes (2007), and Rabbath

MacRAE-BILLEWICZ v. BILLEWICZ

67 So. 3d 226, 2010 Fla. App. LEXIS 12200, 2010 WL 3269955

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 2364736

Cited 1 times | Published

that the condominium was a marital asset. See § 61.075(5)(a)(3), (5)(a)(5), Fla. Stat. (2007). We reverse

Dawson v. Dawson

33 So. 3d 809, 2010 Fla. App. LEXIS 5530, 2010 WL 1841946

District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 243968

Cited 1 times | Published

not direct him to execute a quit claim deed. See § 61.075(4), Fla. Stat. (2008); Fla. R. Civ. P. 1.570(d)

Davis v. Davis

32 So. 3d 743, 2010 Fla. App. LEXIS 5243, 2010 WL 1542649

District Court of Appeal of Florida | Filed: Apr 20, 2010 | Docket: 1662389

Cited 1 times | Published

special equity in favor of either party. Under section 61.075(5)(a)(5.), Florida Statutes (2007), it was

Arias v. Arias

28 So. 3d 157, 2010 Fla. App. LEXIS 2086, 2010 WL 446889

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 2270778

Cited 1 times | Published

equitable distribution and alimony determinations. See § 61.075(1)(a)-(j), (3)(a)-(d), Fla. Stat. (2007). However

Rahall v. Rahall

7 So. 3d 597, 2009 Fla. App. LEXIS 2450, 2009 WL 723496

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 2559520

Cited 1 times | Published

*598of a meticulously-crafted analysis under section 61.075, Florida Statutes. It is apparent from the

Hoye v. Hoye

4 So. 3d 14, 2009 Fla. App. LEXIS 5509, 2009 WL 151091

District Court of Appeal of Florida | Filed: Jan 23, 2009 | Docket: 60295043

Cited 1 times | Published

corporation, all significant assets, requires reversal. § 61.075(3), Fla. Stat. (2007); Reich v. Reich, 652 So

Perkovich v. Humphrey-Perkovich

2 So. 3d 348, 2008 Fla. App. LEXIS 17848, 2008 WL 4999084

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1643809

Cited 1 times | Published

for these potential future claims. We agree. Section 61.075(5)(a), Florida Statutes (2005), defines the

In Re Amendments to Fl. Family Law Rules of Procedure

987 So. 2d 65

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 2534986

Cited 1 times | Published

relevant here, adds new subsection (11) to section 61.075, Florida Statutes. The new subsection abolishes

Parker v. Parker

976 So. 2d 104, 2008 WL 541378

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 1273168

Cited 1 times | Published

its award of alimony. EQUITABLE DISTRIBUTION Section 61.075, Florida Statutes (2005), governs the equitable

Parham v. Parham

968 So. 2d 716, 2007 WL 4181026

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1498517

Cited 1 times | Published

distribution portion of the final judgment. Section 61.075(1), Florida Statutes (2005), provides that

Siegel v. Siegel

967 So. 2d 349, 2007 WL 2935047

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1733434

Cited 1 times | Published

trial court's conclusion regarding this asset. Section 61.075 governing distribution of property in dissolution

Romero v. Romero

959 So. 2d 333, 2007 Fla. App. LEXIS 7946, 2007 WL 1484487

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 64851259

Cited 1 times | Published

the marriage are marital assets pursuant to section 61.075(5)(a)4, Florida Statutes (2005). As such, they

Whittlesey v. Whittlesey

954 So. 2d 1231, 2007 WL 1159709

District Court of Appeal of Florida | Filed: Apr 20, 2007 | Docket: 1652092

Cited 1 times | Published

Cut-Off Date For Identifying Marital Assets Section 61.075(6), Florida Statutes (2000), provides, in pertinent

Stough v. Stough

947 So. 2d 559, 2006 WL 3780718

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 20646

Cited 1 times | Published

wife's father as a marital liability under section 61.075, Florida Statutes (2005). This means that the

Amendments to Fl. Family Law Rules of Proc.

940 So. 2d 409

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 1523908

Cited 1 times | Published

Litigants" found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of "marital"

Capozza v. Capozza

917 So. 2d 365, 2005 WL 3555843

District Court of Appeal of Florida | Filed: Dec 30, 2005 | Docket: 1509541

Cited 1 times | Published

incurred in its acquisition had increased. Section 61.075(5)(b)2, Florida Statutes (2005), defines nonmarital

Delgado v. Delgado

920 So. 2d 661, 2005 WL 3479852

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1730626

Cited 1 times | Published

Pineiro, 683 So.2d 148, 149 (Fla. 3d DCA 1996). Section 61.075(1)(a), Florida Statutes (2002) states that

Bressler v. Bressler

914 So. 2d 1042, 2005 WL 3116115

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 829409

Cited 1 times | Published

husband retained no interest in the property. See § 61.075(6), Fla. Stat. (2002). Finally, the husband complains

Purpura v. Kelly

913 So. 2d 110, 2005 WL 2756044

District Court of Appeal of Florida | Filed: Oct 26, 2005 | Docket: 2564849

Cited 1 times | Published

asset subject to equitable distribution under section 61.075, Florida Statutes. See Guillen v. Guillen,

In Re Approval of Indigent Status Forms

910 So. 2d 194, 2005 WL 1530359

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 1744614

Cited 1 times | Published

this marriage are to be distributed, under section 61.075, Florida Statutes. ___ c. Petitioner should

Link v. Link

897 So. 2d 533, 2005 WL 497262

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1416187

Cited 1 times | Published

since a gift is designated marital property by section 61.075(5)(a)3, Florida Statutes, we cannot conclude

Scott v. Scott

888 So. 2d 81, 2004 Fla. App. LEXIS 16648, 2004 WL 2481363

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 64834436

Cited 1 times | Published

contributions. Witowski, 758 So.2d at 1186 (citing. § 61.075, Fla. Stat.); Downey v. Downey, 843 So.2d 932

Carlton v. Carlton

876 So. 2d 1267, 2004 WL 1530509

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 1245188

Cited 1 times | Published

Rogers, 622 So.2d 96 (Fla. 2d DCA 1993). [3] See § 61.075(1)(h), Fla. Stat. (2003).

Carlton v. Carlton

876 So. 2d 1267, 2004 WL 1530509

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 1245188

Cited 1 times | Published

Rogers, 622 So.2d 96 (Fla. 2d DCA 1993). [3] See § 61.075(1)(h), Fla. Stat. (2003).

Ice v. Ice

842 So. 2d 220, 2003 WL 1797951

District Court of Appeal of Florida | Filed: Apr 8, 2003 | Docket: 1440336

Cited 1 times | Published

requirements of section 61.075(3)(c), Florida Statutes (1997). Pursuant to section 61.075(3)(c), a trial

Cisneros v. Cisneros

831 So. 2d 257, 2002 WL 31663210

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 1722921

Cited 1 times | Published

this award was contrary to the provisions of section 61.075(5)(a)(2), Florida Statutes (2001), which defines

Robbie v. Robbie

788 So. 2d 290, 2000 WL 1781437

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 1286715

Cited 1 times | Published

giving 65% to him and 35% to her. We agree. Section 61.075(1) provides that "in distributing the marital

Santiago v. Santiago

749 So. 2d 584, 2000 WL 85265

District Court of Appeal of Florida | Filed: Jan 28, 2000 | Docket: 1690382

Cited 1 times | Published

NOTES [1] § 61.076, Fla. Stat. (1997). [2] § 61.075(1) and (3); Whelan v. Whelan, 736 So.2d 732 (Fla

Colley v. Colley

745 So. 2d 1125, 1999 WL 1136637

District Court of Appeal of Florida | Filed: Dec 14, 1999 | Docket: 1211322

Cited 1 times | Published

gifts are to be treated as marital assets. See § 61.075(5)(a)3., Fla. Stat. (1997); Murray v. Murray,

Silber v. Negrin

745 So. 2d 523, 1999 WL 1075119

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 516590

Cited 1 times | Published

findings justifying its decision not to do so. § 61.075(3), Fla. Stat. (1997). Because, as the former

Wilcox v. Wilcox

729 So. 2d 506, 1999 WL 186636

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 1172252

Cited 1 times | Published

supported by factual findings in the judgment." § 61.075(3), Fla. Stat. (1995). The statute requires the

Busby v. Busby

671 So. 2d 162, 1996 WL 60491

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 1672164

Cited 1 times | Published

favor. The husband first argues that under section 61.075(6), Florida Statutes (1994), the trial court

Adkins v. Adkins (In Re Adkins)

191 B.R. 941, 9 Fla. L. Weekly Fed. B 319, 1996 Bankr. LEXIS 135, 1996 WL 67151

United States Bankruptcy Court, M.D. Florida | Filed: Feb 5, 1996 | Docket: 1418881

Cited 1 times | Published

plan was a marital asset, both under Fla.Stat. § 61.075 and by agreement of the parties. The state court

Walworth v. Klauder

615 So. 2d 219, 1993 WL 55986

District Court of Appeal of Florida | Filed: Mar 5, 1993 | Docket: 1658797

Cited 1 times | Published

denial of equal protection. NOTES [1] See, e.g., § 61.075, Fla. Stat. (1989). [2] For example, a two-year

Bauzon v. Bauzon

588 So. 2d 660, 1991 WL 231790

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 1708191

Cited 1 times | Published

rather than the date of filing of the petition. Section 61.075(4), Florida Statutes (1989), provides: The

MAKECHIA ROBINSON N/K/A MAKECHIA MCKAY v. NATHANIEL ROBINSON, III

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71276457

Published

evidence. Id. We observe that, under section 61.075(1)(i), Florida Statutes (2023), the distribution

Juan Alberto Goya v. Rosa M. Hayashida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098335

Published

Bardowell, 975 So. 2d 628, 629 (Fla. 4th DCA 2008)); § 61.075(3), Fla. Stat. (2018). “A trial court’s legal

Lindsay Wallace v. Andrew Wallace

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890935

Published

date and is therefore not a marital asset. See § 61.075(7), Fla. Stat. (2024) (“The cut-off date for determining

Ilyas Zinnurov v. Victoria Shelegina

District Court of Appeal of Florida | Filed: Jun 13, 2025 | Docket: 70531079

Published

following section 61.075(5), Florida Statutes, which governs such distributions. § 61.075(5)(a), Fla

Nurbaiti Jones v. Donald S. Jones

District Court of Appeal of Florida | Filed: May 23, 2025 | Docket: 70349311

Published

after considering the ten factors set out in section 61.075(1)(a)–(j).” Id. Unless the parties have

Parminne Pitamber v. Lakeram Shivbaran

District Court of Appeal of Florida | Filed: May 21, 2025 | Docket: 70328219

Published

validity of the marriage to no avail. See § 61.075(6)(a)(1)(b), Fla. Stat. (2023) (“‘Marital assets

Mofoluso O. Murnane v. Sean P. Murnane

District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70052640

Published

is just and equitable under the circumstances.” § 61.075(7), Fla. Stat. (2024). The trial court shall then

Tigran Abrahamyan v. Lilya Arakelyan

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998621

Published

BOKOR, JJ. PER CURIAM. Affirmed. See § 61.075(7), Fla. Stat. (2023) (“The cut-off date for

Melissa Johanna Salazar v. Carlos F. Franco

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899071

Published

similarly flawed in that it fails to comply with section 61.075(3), Florida Statutes (2022). Consequently,

Tyler Frazier v. Katherine Dodd

District Court of Appeal of Florida | Filed: Mar 21, 2025 | Docket: 69766585

Published

DCA Feb. 5, 2025) (alterations omitted) (quoting § 61.075(3)(d), Fla. Stat. (2021)).

Anthony Busto v. Natalia Arias

District Court of Appeal of Florida | Filed: Mar 19, 2025 | Docket: 69755643

Published

judge’s discretion, the circumstances require.” § 61.075(7), Fla. Stat.; see also Bellegarde v. Bellegarde

Amazulu Transport, Inc., and Peter Stuart Welch, Jr. v. Gary Dinkins

District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69737438

Published

special concern poses a danger to the community.”); § 61.075(3), Fla. Stat. (2024) (“In any contested dissolution

Thomas Reed v. Cheryl A. Reed

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651318

Published

distributing property upon dissolution of marriage, section 61.075(1), Florida Statutes (2022), requires that

Nadia Kiswani v. Saleem Hafza

District Court of Appeal of Florida | Filed: Feb 14, 2025 | Docket: 69640656

Published

the nature of such assets, as required under section 61.075, Florida Statutes, which states that “any distribution

Michael D. Silva v. Colleen Claffey

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612294

Published

rationale for the distribution . . . . § 61.075(3)(d), Fla. Stat. (2021). In Perlmutter v

April Michener v. Michael Michener

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69564928

Published

distribution of marital assets and liabilities. See § 61.075(1), Fla. Stat. (2021). An unequal distribution

Kerrigan v. Estate of John Edward Kerrigan, Page

District Court of Appeal of Florida | Filed: Dec 27, 2024 | Docket: 69499687

Published

with $355,674 in marital funds. Under section 61.075(6)(a)(1)(c), Florida Statutes (2022), the reduction

Sean P. McHugh v. Meltem McHugh

District Court of Appeal of Florida | Filed: Dec 6, 2024 | Docket: 69442845

Published

100 So. 3d 735, 738 (Fla. 2d DCA 2012). Section 61.075(8), Florida Statutes (2022), outlines what

James Phillip Kincaid v. Debra Kincaid

District Court of Appeal of Florida | Filed: Dec 5, 2024 | Docket: 69440378

Published

a justification for an unequal distribution.” § 61.075(1), Fla. Stat. (2022). As our sister court explained

Berline Lapomarede v. Samuel Pierre

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69420045

Published

After considering the factors set out in section 61.075(1), Florida Statutes, this Court finds

Matthew Jay Ouslander v. Olena Ouslander

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393191

Published

and allocate them to the parties pursuant to section 61.075(3), Florida Statutes (2014), it cannot adjudicate

Helvy Rojas v. Ada Isis Pelaez Otero

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369606

Published

issues. B. Facial Deficiencies Section 61.075, Florida Statutes (2024), governs the distribution

Ferdinand Frank v. Honiria Frank

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69217909

Published

required by section 61.075(3), Florida Statutes (2022). Section 61.075(3)(c) states

Kim Braddock v. City of Port Orange Pension Fund

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218184

Published

rightly subject to equitable distribution, see § 61.075(6)(a)1.d., Fla. Stat. (2015), 2 any rights Kim

Christopher T. Knott v. Tracey L. Knott

District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135353

Published

consideration of the facts and circumstances presented. § 61.075(7), Fla. Stat. (2021) (“The date for determining

Christopher T. Knott v. Tracey L. Knott

District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135353

Published

consideration of the facts and circumstances presented. § 61.075(7), Fla. Stat. (2021) (“The date for determining

Florence M. Bellegarde v. Yves Antoine O. Bellegarde

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68792896

Published

931 So. 2d 951, 953 (Fla. 3d DCA 2006). Section 61.075(7), Florida Statutes (2020), provides, “The

Smoot v. Smoot

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68848305

Published

party before the marriage are nonmarital assets. § 61.075(6)(b)1., Fla. Stat. (2020). Here, the unrebutted

HINOJOSA v. HINOJOSA

District Court of Appeal of Florida | Filed: May 31, 2024 | Docket: 68012048

Published

concedes that remand is warranted on this basis.2 See § 61.075(1), Fla. Stat. (2022) (requiring that a trial

Kathy Deasy v. Kevin Deasy

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68530223

Published

to the factors enumerated in subsection (1).” § 61.075(3), Fla. Stat. (2019). The distribution “shall

VICKI MACPHERSON v. JOSEPH MACPHERSON

District Court of Appeal of Florida | Filed: May 10, 2024 | Docket: 68518361

Published

distribution. See § 61.075(6), Fla. Stat. (2018). There is no provision in Section 61.075 permitting a party

DUHAMEL v. DUHAMEL

District Court of Appeal of Florida | Filed: Apr 26, 2024 | Docket: 68428377

Published

petition for dissolution of marriage is filed. § 61.075(7). However, the trial court must determine what

TAWANDA PRICE-LAWRENCE v. PHILLIP LAWRENCE, JR.

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68034293

Published

nonmarital. The trial court examined the factors in section 61.075(1)(a)-(j), Florida Statutes (2022), and found

William I. Siegmeister v. Joyce D. Hellard

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68313537

Published

supported by competent, substantial evidence. See § 61.075(3), Fla. Stat. (2023) (“[A]ny distribution of

Haslauer v. Haslauer

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313502

Published

having the status of being single and unmarried”); § 61.075(2), Fla. Stat. (stating that any award of a cash

JONI BARTOLOTTA v. ALAN BARTOLOTTA

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290058

Published

definition of a marital asset as provided by section 61.075(5)(a), Florida Statutes (1993), and section

Rhonda Hines v. Arthur Williams

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68267791

Published

did not include factual findings required by section 61.075(1) and (3), Florida Statutes (2021), thus mandating

Mishelle Addys Perdomo Vindel v. Scott Aron Stewart

District Court of Appeal of Florida | Filed: Feb 7, 2024 | Docket: 68230488

Published

equitable distribution of marital assets because section 61.075, Florida Statutes (governing the equitable

Leonard Brandon Pringle v. Ingrid Esther Pringle

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084200

Published

court, based on its evaluation of the factors in § 61.075(1), Florida Statutes. Although the discretion

DENA SPECTOR v. SETH SPECTOR

District Court of Appeal of Florida | Filed: Oct 11, 2023 | Docket: 67871240

Published

and remanded for further proceedings. to section 61.075, Florida Statutes] by failing to specifically

MICHAEL THOMAS SCHMIDT vs DANIELLE RENEE SCHMIDT

District Court of Appeal of Florida | Filed: Oct 6, 2023 | Docket: 65588625

Published

3d 19, 20 (Fla. 4th DCA 2020). Under section 61.075(1), Florida Statutes (2021), when distributing

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463

Published

relief from judgment terminating parental rights); § 61.075(3), Fla. Stat. (2023) (expressly requiring written

IRVING D. RIVERA v. ANGELICA MARIE RIVERA

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67519760

Published

629 (Fla. 4th DCA 2008)). Analysis Section 61.075(3), Florida Statutes, requires that:

ROSA H. NARANJO v. FREDDY RAUL OCHOA

District Court of Appeal of Florida | Filed: Jul 5, 2023 | Docket: 67557714

Published

requisite “efforts”—as that term is used in section 61.075(6)(a)1.b., Florida Statutes (2020), and interpreted

TERENCE DOUGLAS v. BEULAH DOUGLAS

District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 67482073

Published

to make the factual findings [required under section 61.075(3), Florida Statutes (2016),] is an abuse of

CLAUDIO LATTANZIO v. JERIKA HOFFMANN

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419162

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 61.075(7), Fla. Stat. (2021) (“The date for determining

YVES BRUTUS vs DANISE BRUTUS GILES

District Court of Appeal of Florida | Filed: May 19, 2023 | Docket: 67718528

Published

Marital Assets & Liabilities Under section 61.075(3), Florida Statutes (2020), when there is

RICHARD LAWRENCE BERNSTEIN v. CYNTHIA JUDITH BERNSTEIN

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 67221673

Published

975 So. 2d 628, 629 (Fla. 4th DCA 2008) (citing § 61.075(3), Fla. Stat.). “A trial court’s legal

MYRA BLEW v. MICHAEL BLEW

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 67105302

Published

sought an interim partial distribution under section 61.075(5), Florida Statutes (2021), upon a showing

KEITH MARTIN ARONOFF v. LARA ARONOFF

District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814483

Published

did “equity and justice between the parties.” § 61.075(1)(j), Fla. Stat. (2020). The trial court did

ANDREW CARDARELLI v. TRACY CARDARELLI/FORGERON

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879602

Published

all of the factors and requirements of Section 61.075, Fla. Stat., and in accordance therewith

SHARIN KAYE JOHNSON vs ERIC PAUL JOHNSON

District Court of Appeal of Florida | Filed: Nov 4, 2022 | Docket: 63162690

Published

from the equitable distribution worksheet. See § 61.075(7), Fla. Stat. (2020) (providing that “cut-off”

YVES MOQUIN v. SYLVIE BERGERON

District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301696

Published

making—or failing to make— several findings under section 61.075; (3) finding Former Wife conditionally entitled

FAUZIA PARBEEN v. MOHAMMED BARI

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162694

Published

trial court for competent, substantial evidence. § 61.075(3), Fla. Stat. (2020). 1The trial court determined

BRIAN P. CHATTEN v. VIRGINIA C. CHATTEN

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008473

Published

result of that contribution. We agree. Section 61.075(1), Florida Statutes (2019), provides for the

ROBIN FIALA v. JOEL FIALA

District Court of Appeal of Florida | Filed: Jan 12, 2022 | Docket: 62218099

Published

dissolution petition’s 2018 filing date – contrary to section 61.075(7), Florida Statutes (2020); and (2) by denying

BRIAN P. CHATTEN v. VIRGINIA C. CHATTEN

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637702

Published

result of that contribution. We agree. Section 61.075(1), Florida Statutes (2019), provides for the

WILLIAM WHITTAKER v. AMY S. WHITTAKER

District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493070

Published

Heiny, 113 So. 3d 897, 901 (Fla. 2d DCA 2013) (“Section 61.075, Florida Statutes (2009), requires a trial

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital”

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital”

JILL PARDES, etc. v. ANDRIA PARDES

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677187

Published

Boulevard Residence was a marital asset. Section 61.075(6), Florida Statutes (2019), sets forth what

RICHARD THOMAS MORGAN v. MONICA SUE MORGAN

District Court of Appeal of Florida | Filed: Sep 17, 2021 | Docket: 60392384

Published

identify assets and liabilities as required by section 61.075(3) is reversible error). The former husband

FLETCHER LEE SANDERS v. ULYSSES PETERSON- SANDERS

District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936589

Published

DCA 1999)). “A trial judge has no duty under section 61.075 to make findings of value if the parties have

IRINA VICTORIA FERNANDEZ-TRETIAKOVA v. ALBERTO ANTONIO FERNANDEZ

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739261

Published

the parties’ marital property, as required by section 61.075(3), Florida Statutes (2017). 1 1 We note

BRIAN CALVARESE v. JOANNE KENNEDY CALVARESE

District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699924

Published

marital property, a party must show good cause. See § 61.075(5), Fla. Stat. (2020). We have said that “extraordinary

CELSO CORRALES v. JEANETTE CORRALES

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295946

Published

and nonappealable order.”) (citation omitted); § 61.075(6)(b)(2), Fla. Stat. (“‘Nonmarital assets and

ERIK RITACCO v. BOBBIE RITACCO

District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45654157

Published

petitioning for divorce is a nonmarital debt. Section 61.075(7), Florida Statutes (2017), provides that

BENNETT DAVID FRANK v. MARSHA KAY FRANK

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084918

Published

3 Pursuant to section 61.075(3), Florida Statutes, “any distribution of

LUCIO APONTE v. MARIA H. WOOD

District Court of Appeal of Florida | Filed: Dec 16, 2020 | Docket: 18747993

Published

statutorily required findings of fact under section 61.075, Florida Statutes (2019). As to Husband’s first

In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 12, 2020 | Docket: 18620269

Published

Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital”

DAVID A. STREET v. ELYSSA STREET

District Court of Appeal of Florida | Filed: Sep 30, 2020 | Docket: 18488451

Published

acquired in exchange for such assets. § 61.075(6), Fla. Stat. (2014). In classifying assets as

OTTO HANS VAN MAERSSEN v. DIANA GERDTS

District Court of Appeal of Florida | Filed: May 6, 2020 | Docket: 17131150

Published

evidence with reference to the [statutory] factors.” § 61.075(3), Fla. Stat. (2015). Where “there is substantial

OTTO HANS VAN MAERSSEN v. DIANA GERDTS

District Court of Appeal of Florida | Filed: May 6, 2020 | Docket: 17131150

Published

evidence with reference to the [statutory] factors.” § 61.075(3), Fla. Stat. (2015). Where “there is substantial

MICHELLE R. RHOULHAC v. KINS FRANCOIS

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089280

Published

075 and 61.077, Florida Statutes (2009). Section 61.075(3) provides, in pertinent part: (3)

CARY MARCONI v. TAMER ERTURK

District Court of Appeal of Florida | Filed: Mar 18, 2020 | Docket: 16986313

Published

enumerated in subsection (1)” of section 61.075, Florida Statutes. See § 61.075(3), Fla. Stat. (2018). Additionally

JERRY P. SAGER v. CAROL SAGER

District Court of Appeal of Florida | Filed: Mar 11, 2020 | Docket: 16955843

Published

2004)). • Equitable Distribution Section 61.075, Florida Statutes, which governs equitable

RAMESH GUDUR v. KAVITHA GUDUR

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15851914

Published

party. Thus, in accordance with the premise of section 61.075(1), the trial court sought to equally distribute

David Michael Martin, Former Husband v. Dawn Turner Martin, Former Wife

District Court of Appeal of Florida | Filed: Jun 20, 2019 | Docket: 15808813

Published

assets and distribution of retirement plans. Section 61.075(6), Florida Statutes, defines marital assets

MAUREEN KING v. STETSON WILKIE KING

273 So. 3d 233

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658394

Published

(Fla. 2d DCA 2004); see also § 61.075(3), Fla. Stat. (2016). Section 61.075(1), provides that the distribution

Linda Byrd Goley v. Robert Anthony Goley

272 So. 3d 800

District Court of Appeal of Florida | Filed: May 6, 2019 | Docket: 15059372

Published

II. Analysis “Section 61.075(1), Florida Statutes, ‘requires that the trial

Glenn Charles Dorsey, II, Former Husband v. Paula Rae Dorsey, Former Wife

266 So. 3d 1282

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865380

Published

not challenged on appeal or cross-appeal. See § 61.075(1), Fla. Stat. (2017) (“court must begin with

KENNETH ALAN PEARSON v. SHAY RAE PEARSON

268 So. 3d 863

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 14775755

Published

petition for dissolution. Under section 61.075(7), Florida Statutes (2017), generally, the

Mattison v. Mattison

266 So. 3d 258

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64707680

Published

by the court to value the marital assets. See § 61.075(7), Fla. Stat. (2017). The $ 24,474.11 figure

Mattison v. Mattison

266 So. 3d 258

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64707679

Published

by the court to value the marital assets. See § 61.075(7), Fla. Stat. (2017). The $ 24,474.11 figure

ANDREW J. MATTHEWS v. THERESA L. MATTHEWS

264 So. 3d 355

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 14542367

Published

circumstance that would justify an unequal award. See § 61.075(1) (listing factors that would justify a departure

Firuza Sarazin v. Ratko John Sarazin

263 So. 3d 273

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534783

Published

So. 3d 601, 604 (Fla. 1st DCA 2009). Under section 61.075(1)(i), Florida Statutes, courts must consider

JUAN CARLOS JULIA v. MARTHA JULIA

263 So. 3d 795

District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 8504965

Published

compensation, and insurance plans and programs.” § 61.075(6)(a)1.d., Fla. Stat. (2017). “Premarital

Mary Grace Vinson v. Tommy Junior Vinson

District Court of Appeal of Florida | Filed: Jan 7, 2019 | Docket: 8480725

Published

purposes of equitable distribution, according to section 61.075(7), Florida Statutes. The marital assets

SCOTT DOMINIC PALMATEER v. NICOLE JEAN PALMATEER

260 So. 3d 476

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346775

Published

the Former Wife is indisputably entitled. See § 61.075(6)(a)(1)(d), Fla. Stat. (2015) (defining "marital

Mary Grace Vinson v. Tommy Junior Vinson

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8145456

Published

purposes of equitable distribution, according to section 61.075(7), Florida Statutes. The marital assets

ARICA MATYJASZEK v. KEVIN R. MATYJASZEK

255 So. 3d 372

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 7863705

Published

129 So. 3d 441, 445 (Fla. 5th DCA 2013). Section 61.075(6)(a)1.b., Florida Statutes (2014), 2 defines

DARA COOLEY v. CHRISTOPHER COOLEY

253 So. 3d 1223

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7738807

Published

2016, the trial court assessed the factors in section 61.075, Florida Statutes (2014), and awarded the

ANTHONY v. DISTEFANO v. ANDREA L. DISTEFANO

253 So. 3d 1178

District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 7664414

Published

100 So. 3d 735, 738 (Fla. 2d DCA 2012)). In section 61.075, Florida Statutes (2015), "[t]he legislature

WILLIAM VAUGHN v. MEGHAN VAUGHN

250 So. 3d 126

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511611

Published

4th DCA 2017). Therefore, we reverse. Section 61.075(3), Florida Statutes (2017), which governs

TEODORO LOPEZ v. MARIANA GARCIA HERNANDEZ

252 So. 3d 266

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511613

Published

findings as required by section 61.075(3), Florida Statutes (2017). Section 61.075(3) applies to a trial

FREDERIC BOUIN v. GINA DISABATINO

250 So. 3d 168

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144567

Published

for dissipation of marital assets lies via section 61.075(1), see Beers, 724 So. 2d at 117, there were

Justin Maurice Jones, Former Husband v. Janie Nicole Jones, Former Wife

239 So. 3d 211

District Court of Appeal of Florida | Filed: Mar 8, 2018 | Docket: 6327836

Published

Winder, 152 So. 3d 836, 838 (Fla. 1st DCA 2014). Section 61.075(3), Florida Statutes (2017), requires that

Stufft v. Stufft

238 So. 3d 419

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6322691

Published

distribution of this marital debt is governed by section 61.075(1), Florida Statutes (2014), which provides

Perez v. Perez

238 So. 3d 422

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6322693

Published

that they had jointly deeded to their sons. “Section 61.075(6), Florida Statutes (2003), provides a bright

Perez v. Perez

238 So. 3d 422

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6322693

Published

that they had jointly deeded to their sons. “Section 61.075(6), Florida Statutes (2003), provides a bright

ANTONIO SORIA v. LUCINDA SORIA

237 So. 3d 454

District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6302666

Published

So. 3d 735, 738 (Fla. 2d DCA 2012)); see also § 61.075(3), Fla. Stat. (2016) ("[A]ny distribution

ANTONIO SORIA v. LUCINDA SORIA

237 So. 3d 454

District Court of Appeal of Florida | Filed: Feb 7, 2018 | Docket: 6302666

Published

So. 3d 735, 738 (Fla. 2d DCA 2012)); see also § 61.075(3), Fla. Stat. (2016) ("[A]ny distribution

Rodney W. Stewart, Husband v. Darla Jane Stewart, Wife

237 So. 3d 450

District Court of Appeal of Florida | Filed: Feb 4, 2018 | Docket: 6292407

Published

error. In equitable distribution under section 61.075(7), Florida Statutes (2015), the trial court

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms - Nomenclature

235 So. 3d 357

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289808

Published

marriage are to be distributed, under section 61.075, Florida Statutes. c.____ Petitioner

Nancy Smith Schroll, Former Wife v. Stephen B. Schroll, Former Husband

227 So. 3d 232, 2017 Fla. App. LEXIS 14024, 2017 WL 4448524

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165236

Published

factors, including the factors set 'forth in section 61.075(l)(a)-(j), Florida Statutes (2016). See Watson

Nugent v. Nugent

225 So. 3d 994, 2017 Fla. App. LEXIS 12905, 2017 WL 3896928

District Court of Appeal of Florida | Filed: Sep 7, 2017 | Docket: 6153663

Published

why each party should take an unequal share. See § 61.075(1), (3), Fla. Stat. (2015); Packo, 120 So.3d at

Nugent v. Nugent

225 So. 3d 994, 2017 Fla. App. LEXIS 12905, 2017 WL 3896928

District Court of Appeal of Florida | Filed: Sep 7, 2017 | Docket: 6153663

Published

why each party should take an unequal share. See § 61.075(1), (3), Fla. Stat. (2015); Packo, 120 So.3d at

ANDREA K. GILLETTE n/k/a ANDREA ECONOMUS v. JOSEPH GILLETTE

226 So. 3d 958, 2017 WL 3888760, 2017 Fla. App. LEXIS 12918

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148170

Published

equitably distribute the asset as required by section 61.075, Florida Statutes (2015). Conclusion

GARY L. SMITH v. VERNIA SMITH

226 So. 3d 948, 2017 Fla. App. LEXIS 12477, 2017 WL 3730355

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145385

Published

based on competent substantial evidence ....” § 61.075(3), Fla. Stat. (2016). “Specific factual findings

Raphael v. Raphael

221 So. 3d 687, 2017 WL 2814883, 2017 Fla. App. LEXIS 9418

District Court of Appeal of Florida | Filed: Jun 28, 2017 | Docket: 60268345

Published

did not otherwise identify the subject loans. Section 61.075(3), Florida Statutes (2016), requires that

Lord v. Lord

220 So. 3d 575, 2017 WL 2664692, 2017 Fla. App. LEXIS 8971

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60267238

Published

property and similar items. We reverse because section 61.075, Florida Statutes (2012), required the court

Martinez v. Martinez

219 So. 3d 259, 2017 WL 2200228, 2017 Fla. App. LEXIS 7183

District Court of Appeal of Florida | Filed: May 19, 2017 | Docket: 6066357

Published

In a dissolution of marriage proceeding, section 61.075(1), Florida Statutes (2015), requires the trial

John Thomas Gotro, Former Husband v. Catherine Suzanne Gotro, Former Wife

218 So. 3d 494, 2017 Fla. App. LEXIS 6405

District Court of Appeal of Florida | Filed: May 5, 2017 | Docket: 6058957

Published

wife. In equitable distribution under section 61.075(7), Florida Statutes (2015), the trial court

Stephens v. Whittaker

220 So. 3d 488, 2017 WL 1548030, 2017 Fla. App. LEXIS 5939

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 6058982

Published

ability to pay. We affirm. Pursuant to section 61.075(3), Florida Statutes (2015), a trial court

Brussot v. Brussot

214 So. 3d 796, 2017 WL 1363967, 2017 Fla. App. LEXIS 5069

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 60264253

Published

agree. The court was required by statute, see § 61.075(3), Fla. Stat. (2013), to make written findings

Pierre v. Jonassaint

212 So. 3d 1131, 2017 WL 1018484, 2017 Fla. App. LEXIS 3450

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4617676

Published

required by section 61.075, Florida Statutes (2015). On this point, we agree with Pierre. Section 61.075(3) clearly

Ramadon v. Ramadon

216 So. 3d 26, 2017 WL 651118, 2017 Fla. App. LEXIS 2236

District Court of Appeal of Florida | Filed: Feb 17, 2017 | Docket: 4586863

Published

business for purposes of equitable distribution. See § 61.075(3) (“In any contested dissolution action wherein

Morgan v. Morgan

213 So. 3d 378, 2017 WL 192033, 2017 Fla. App. LEXIS 493

District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 60263510

Published

make the specific written findings required by section 61.075, Florida Statutes (2015). She *381also argues

Navarro v. Navarro

209 So. 3d 74, 2016 Fla. App. LEXIS 19342

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 60259743

Published

other issues raised by the Former Husband. Section 61.075(3), Florida Statutes (2014), requires the trial

Gardiner v. Gardiner

207 So. 3d 987, 2016 Fla. App. LEXIS 19126

District Court of Appeal of Florida | Filed: Dec 28, 2016 | Docket: 4559235

Published

statutes. With regard to equitable distribution, section 61.075(1), Florida Statutes (2011), provides that

Viscito v. Viscito

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555819

Published

Kaaa v. Kaaa, 58 So. 3d 870 (Fla. 2010), and section 61.075(6)(a)(1.b), Florida Statutes (2015). The loan-to-value

Harris v. Harris

205 So. 3d 873, 2016 Fla. App. LEXIS 17885

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550616

Published

funds or other forms of marital assets, or both.” § 61.075(6)(a)l.b., Fla. Stat. (2015). Here, evidence was

Ter Keurst v. Ter Keurst

202 So. 3d 123, 2016 Fla. App. LEXIS 15237

District Court of Appeal of Florida | Filed: Oct 14, 2016 | Docket: 4479200

Published

2008-46, § 1, Laws of Fla.; see also § 61.075(11), Fla. Stat. (2013) (setting forth the same

Coleman v. Bland

200 So. 3d 239, 2016 Fla. App. LEXIS 14628, 2016 WL 5597132

District Court of Appeal of Florida | Filed: Sep 30, 2016 | Docket: 4469224

Published

of the pension by considering the factors in section 61.075, Florida Statutes. Accordingly, we affirm that

Shufelt v. Shufelt

199 So. 3d 504, 2016 Fla. App. LEXIS 13272, 2016 WL 4585978

District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4420398

Published

distribution of the marital assets 'to Former Wife. Section 61.075(1), Florida Statutes (2015), provides, in pertinent

Ridings v. Ridings

198 So. 3d 1128, 2016 Fla. App. LEXIS 12816, 2016 WL 4468238

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 60256404

Published

liability and which spouse is responsible for it. § 61.075(3)(c), Fla. Stat. (2015). “It is reversible error

Shaver v. Shaver

203 So. 3d 932, 2016 Fla. App. LEXIS 12731

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415728

Published

a party’s vested property. See § 61.075(2), Fla. Stat. (2015); see also Rowland

Mai Nguyen, Former Wife v. Huong Kim Nguyen, Former Husband

200 So. 3d 783, 2016 Fla. App. LEXIS 12138, 2016 WL 4239833

District Court of Appeal of Florida | Filed: Aug 11, 2016 | Docket: 4120626

Published

2013); see *786 also § 61.075(3), Fla. Stat. (2009) (“In any contested dissolution

Thomas v. Martinello

196 So. 3d 1279, 2016 Fla. App. LEXIS 12063, 2016 WL 4205289

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 60256064

Published

factors enumerated in section 61.075(1), Florida Statutes (2014). See § 61.075(3), Fla. Stat. (2014)

Buckalew v. Buckalew

197 So. 3d 148, 2016 Fla. App. LEXIS 11433, 2016 WL 4035624

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 60256210

Published

equitable distribution scheme, as required by section 61.075(1) and (3), Florida Statutes (2014). On those

Pucci v. Johnson

194 So. 3d 1103, 2016 Fla. App. LEXIS 11303, 2016 WL 4004426

District Court of Appeal of Florida | Filed: Jul 25, 2016 | Docket: 60255747

Published

subsequently incorporated into the final judgment. See § 61.075, Fla. Stat. (requiring the court to value and

Corrine Pucci, Former Wife v. Gary Johnson, Former Husband

District Court of Appeal of Florida | Filed: Jul 24, 2016 | Docket: 4113609

Published

subsequently incorporated into the final judgment. See § 61.075, Fla. Stat. (requiring the court to value and

Cilenti v. Cilenti

192 So. 3d 673, 2016 Fla. App. LEXIS 8260, 2016 WL 3090565

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068947

Published

the account was a marital debt. See § 61.075(6)(b)(i) (defining non-marital liabilities to

David Howell Storey v. Delfina P. Storey

192 So. 3d 670, 2016 WL 3087801, 2016 Fla. App. LEXIS 8329

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071367

Published

the statutory definition of marital assets in section 61.075(5)(a), Florida Statutes (1993), and to section

Kimberly Virginia Lardizzone v. Michael Robert Lardizzone

190 So. 3d 238, 2016 Fla. App. LEXIS 6874, 2016 WL 2342902

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3062266

Published

treated as a marital liability. See § 61.075(6)(a)l.a., Fla. Stat. (2015) (“Marital assets

Reginald J. Nolan v. Karen D. Nolan

188 So. 3d 977, 2016 Fla. App. LEXIS 5796, 2016 WL 1534079

District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 3058401

Published

marital assets and debts in accordance with section 61.075, Florida Statutes'(2015). The reversal and

Jessica Vilma Miller v. Michael Van Miller

186 So. 3d 1128, 2016 Fla. App. LEXIS 4107, 2016 WL 1039153

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044826

Published

quotation marks, and brackets omitted); see also § 61.075(l)(i), Fla. Stat. (2014) (“[I]n distributing the

Corina Castillo Marquez v. Fredy Lopez

187 So. 3d 335, 2016 Fla. App. LEXIS 3602, 2016 WL 899334

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042779

Published

evidence. “A trial judge has no duty under section 61.075 to make findings of value if the parties have

Moustafa Farghali v. Joyce Farghali

187 So. 3d 338, 2016 Fla. App. LEXIS 3604, 2016 WL 899804

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042766

Published

make a. timely objection. *340 Section 61.075(3)(b) requires the trial court to make a finding

Coleman v. Bland

187 So. 3d 298, 2016 WL 830406

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045483

Published

was marital or non-marital, as required by section 61.075(3), Florida ■ Statutes (2009). Former Wife

Bruce L. Salituri v. Susan A. Salituri

184 So. 3d 1250, 2016 Fla. App. LEXIS 2285, 2016 WL 625516

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036657

Published

value all of the assets and debts, contrary to section 61.075(3), Florida Statutes (2014); (2) The trial

Sonya Witt-Bahls v. Dennis Bahls

District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033850

Published

distribution between the formerly married parties. § 61.075(1), Fla. Stat. (2015). Marital assets include

Goldman v. Goldman

182 So. 3d 722, 2015 Fla. App. LEXIS 18957, 2015 WL 9242457

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 60252811

Published

629 So.2d 883, 886 (Fla. 3d DCA 1993) (citing § 61.075(1), Fla. Stat. (1991); Robertson v. Robertson

Kevin Wayne Kelley v. Bernice Marie Kelley

177 So. 3d 292, 2015 Fla. App. LEXIS 14512, 2015 WL 5714602

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863189

Published

premise that the distribution should be equal.” § 61.075(1), Fla. Stat. (2014). The court, however, may

Timothy I. Hooker v. Nancy Hooker

174 So. 3d 507, 2015 Fla. App. LEXIS 12761, 2015 WL 5026074

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687690

Published

required under section 61.075, Florida Statutes (2010). *515 Section 61.075(1) allows for

Niekamp v. Niekamp

173 So. 3d 1106, 2015 Fla. App. LEXIS 12711, 2015 WL 5023119

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687742

Published

business as a nonmarital asset. See § 61.075(6)(a), Fla. Stat. (2012) (defining marital assets)

William E. Weaver v. Lori Lynn Weaver

174 So. 3d 482, 2015 Fla. App. LEXIS 12474, 2015 WL 4930584

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685293

Published

their contributions during the marriage. Section 61.075(l)(g), Florida Statutes (2013), provides that

Kemp v. Kemp

171 So. 3d 243, 2015 Fla. App. LEXIS 12120, 2015 WL 4774662

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 60249707

Published

the wife’s motion for temporary attorney’s fees. § 61.075(5), Fla. Stat. (2014); Austin v. Austin, 120 So

Rossi v. Rossi

169 So. 3d 1233, 2015 Fla. App. LEXIS 10851, 2015 WL 4366476

District Court of Appeal of Florida | Filed: Jul 17, 2015 | Docket: 60248836

Published

less analysis — of the factors enumerated in section 61.075(1), Florida Statutes (2013).3 *1235On July

Stantchev v. Stantcheva

168 So. 3d 313, 2015 Fla. App. LEXIS 9991, 2015 WL 4002532

District Court of Appeal of Florida | Filed: Jul 2, 2015 | Docket: 60248639

Published

just and equitable under the circumstances.” § '61.075(7), Fla. Stat. (2013). The trial court was certainly

Reyes v. Reyes

167 So. 3d 510, 2015 WL 3876504

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 60294075

Published

distribution of the *511marital residence. See § 61.075, Fla. Stat. (2014). Affirmed. WARNER, GROSS

Marcos Reyes v. Marianela Reyes

167 So. 3d 510, 2015 Fla. App. LEXIS 9570

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679238

Published

equitable distribution of the marital residence. See § 61.075, Fla. Stat. (2014). Affirmed. WARNER, GROSS

Patricia Williams v. Jackie G. Williams

163 So. 3d 1258

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659782

Published

to undertake meaningful review. See § 61.075(3)(d), Fla. Stat.; Williams v. Williams

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

this marriage are to be distributed, under section 61.075, Florida Statutes. c._____ Husband _____Wife

Michelle L. Clark, Former Wife v. Gary L. Clark, Former Husband

155 So. 3d 1261

District Court of Appeal of Florida | Filed: Feb 8, 2015 | Docket: 2632689

Published

date as the date for valuing the asset. Under section 61.075(7), Florida Statutes (2012), the date the petition

In Re: Amendments to the Florida Family Law Rules of Procedure

154 So. 3d 301, 39 Fla. L. Weekly Supp. 774, 2014 Fla. LEXIS 3779, 2014 WL 7212609

Supreme Court of Florida | Filed: Dec 18, 2014 | Docket: 2616693

Published

Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital”

Porter v. Porter

152 So. 3d 833, 2014 Fla. App. LEXIS 20178, 2014 WL 7009723

District Court of Appeal of Florida | Filed: Dec 12, 2014 | Docket: 2614424

Published

the parties’ debt as possible. See § 61.075(1), Fla. Stat. (2012). To this end, the court

United States v. Barber

61 F. Supp. 3d 1273, 2014 U.S. Dist. LEXIS 164063, 2014 WL 6645302

District Court, M.D. Florida | Filed: Nov 24, 2014 | Docket: 64298540

Published

one-half interest in the automobile pursuant to section 61.075, Florida Statutes. This argument has already

United States v. Barber

61 F. Supp. 3d 1273, 2014 U.S. Dist. LEXIS 164063, 2014 WL 6645302

District Court, M.D. Florida | Filed: Nov 24, 2014 | Docket: 64298540

Published

one-half interest in the automobile pursuant to section 61.075, Florida Statutes. This argument has already

United States v. Kermali

60 F. Supp. 3d 1280, 2014 U.S. Dist. LEXIS 165169, 2014 WL 6601004

District Court, M.D. Florida | Filed: Nov 12, 2014 | Docket: 64298463

Published

either spouse or jointly by them.” Fla. Stat. § 61.075(6)(a)(l)(a). The subject property was purchased

Daniel Thomas McMullen, Husband v. Ann Rowe McMullen, Wife

148 So. 3d 830

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1422271

Published

the parties as a marital asset. See § 61.075(6)(b)3., Fla. Stat. (2011); Holden v. Holden

Mai Nguyen, Wife v. Huong Kim Huynh, Husband

147 So. 3d 639

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310545

Published

order based on competent substantial evidence....” § 61.075(3), Fla. Stat. (2009). These findings must be

United States v. Morales

36 F. Supp. 3d 1276, 2014 WL 3866082

District Court, M.D. Florida | Filed: Jul 16, 2014 | Docket: 64296439

Published

Morales relies on Florida case law interpreting section 61.075, Fla. Stat., which governs distribution of

Denise Sorgen v. Michael Sorgen

162 So. 3d 45, 2014 WL 2957486, 2014 Fla. App. LEXIS 10115

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 321

Published

or non-marital de novo.”); see also § 61.075(6)(a)1.a., Fla. Stat. (2008) (marital assets include

Denise Sorgen v. Michael Sorgen

162 So. 3d 45, 2014 WL 2957486, 2014 Fla. App. LEXIS 10115

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 321

Published

or non-marital de novo.”); see also § 61.075(6)(a)1.a., Fla. Stat. (2008) (marital assets include

Ingram v. Ingram

133 So. 3d 1205, 2014 WL 948888, 2014 Fla. App. LEXIS 3495

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60238724

Published

marriage in retirement, [and] pension ... plans.” See § 61.075(5)(a)(4), Fla. Stat. (1993) (emphasis added);

Williams v. Williams

133 So. 3d 605, 2014 WL 847887, 2014 Fla. App. LEXIS 2973

District Court of Appeal of Florida | Filed: Mar 4, 2014 | Docket: 60238840

Published

with reference to the statutory factors. See § 61.075(3), Fla. Stat.; Winney v. Winney, 979 So.2d 396

Evans v. Evans

128 So. 3d 972, 2013 WL 6865557, 2013 Fla. App. LEXIS 20729, 39 Fla. L. Weekly Fed. D 51

District Court of Appeal of Florida | Filed: Dec 31, 2013 | Docket: 60237248

Published

marital home — their singular major asset — section 61.075(10), Florida Statutes, grants the trial court

Madson v. Madson

128 So. 3d 207, 2013 WL 6480735, 2013 Fla. App. LEXIS 19599

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60237030

Published

separately by either party by noninterspousal gift.” § 61.075(1), (6)(b), Fla. Stat. (2010); see also McKee

Hodges v. Hodges

128 So. 3d 190, 2013 WL 6331589, 2013 Fla. App. LEXIS 19440

District Court of Appeal of Florida | Filed: Dec 6, 2013 | Docket: 60237013

Published

Given the equitable distribution statute, section 61.075, Florida Statutes (2013), and the fact that

McKee v. Mick

120 So. 3d 162, 2013 WL 4482487, 2013 Fla. App. LEXIS 13395

District Court of Appeal of Florida | Filed: Aug 22, 2013 | Docket: 60233935

Published

include “[ijnterspousal gifts during the marriage.” § 61.075(6)(a)l.c., Fla. Stat. (2011). The former wife’s

Nassirou v. Nassirou

117 So. 3d 451, 2013 WL 3578523, 2013 Fla. App. LEXIS 11185

District Court of Appeal of Florida | Filed: Jul 15, 2013 | Docket: 60232675

Published

to do equity and justice between the parties.” § 61.075(l)(i)(j), Fla. Stat. However, marital misconduct

Taylor v. Taylor

114 So. 3d 283, 2013 Fla. App. LEXIS 6554, 2013 WL 1748709

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60231833

Published

court to divide the marital home according to section 61.075, Florida Statutes (2008). We affirm the other

Davis v. Davis

108 So. 3d 660, 2013 WL 461875, 2013 Fla. App. LEXIS 2004

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60229193

Published

thus, it constituted a nonmarital asset. See § 61.075(6)(b)2., Fla. Stat. (2010); cf. Pfrengle v. Pfrengle

Nolan v. Nolan

100 So. 3d 170, 2012 WL 5035363, 2012 Fla. App. LEXIS 18256

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60225661

Published

and liabilities, contrary to the dictates of section 61.075(3), Florida Statutes (2010), and that remand

Frenzke v. Jacobs

97 So. 3d 311, 2012 WL 4033578, 2012 Fla. App. LEXIS 15447

District Court of Appeal of Florida | Filed: Sep 14, 2012 | Docket: 60311760

Published

subject to equitable distribution. We agree. Section 61.075(3)(a), Florida Statutes (2010), requires a

Hedman v. Hedman

97 So. 3d 249, 2012 Fla. App. LEXIS 11964, 2012 WL 3023167

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60311734

Published

property” subject to equitable distribution, see § 61.075(6)(a)2., Fla. Stat. (2010); Jurasek v. Jurasek

Gilbert v. Katz-Gilbert

90 So. 3d 858, 2012 WL 1934436, 2012 Fla. App. LEXIS 8733

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60309664

Published

than $2500 to the former wife. Pursuant to section 61.075(3), Florida Statutes (2010), when a trial court

Vanetten v. Vanetten

92 So. 3d 235, 2012 WL 1868948, 2012 Fla. App. LEXIS 8291

District Court of Appeal of Florida | Filed: May 24, 2012 | Docket: 60310170

Published

premise that the distribution should be equal.” § 61.075(1), Fla. Stat. (2009). An unequal distribution

Forest-Kohl v. Kohl

126 So. 3d 1094, 2012 WL 1870609, 2012 Fla. App. LEXIS 8269

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60236184

Published

Bailey, 82 So.3d 138, 141 (Fla. 4th DCA 2012); § 61.075(3)(a), (b), Fla. Stat. (2008). We reverse and

McDonald v. Johnson

83 So. 3d 889, 2012 WL 246468, 2012 Fla. App. LEXIS 1090

District Court of Appeal of Florida | Filed: Jan 27, 2012 | Docket: 2411586

Published

the fact that section 732.2155(6)(c) cites to section 61.075 without a specific citation to the subsection

Marshall-Beasley v. Beasley

77 So. 3d 751, 2011 Fla. App. LEXIS 19534, 2011 WL 6057910

District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 60304779

Published

to the factors enumerated in subsection (1).” § 61.075(3), Fla. Stat. (2009) (emphasis added). We apply

Coleman v. Bland

73 So. 3d 795, 2011 Fla. App. LEXIS 15174, 2011 WL 4405759

District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 60303482

Published

was marital or non-marital, as required by section 61.075(8), Florida Statutes (2009). Former Wife contends

Morenberg v. Morenberg

65 So. 3d 1199, 2011 Fla. App. LEXIS 11785, 2011 WL 3109313

District Court of Appeal of Florida | Filed: Jul 27, 2011 | Docket: 60301653

Published

Rivero, 963 So.2d 934, 937 (Fla. 3d DCA 2007). Section 61.075, Florida Statutes (2008), provides that in

Stewmon v. Stewmon

66 So. 3d 312, 2011 Fla. App. LEXIS 7579, 2011 WL 2023416

District Court of Appeal of Florida | Filed: May 25, 2011 | Docket: 2365430

Published

the circumstances require." § 61.075(6), Fla. Stat. (2004). Section 61.075(3) requires written findings

Roth v. Cortina

59 So. 3d 163, 2011 Fla. App. LEXIS 2670, 2011 WL 710145

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2364899

Published

reversed. As this court and Florida Statute section 61.075(9) make clear, a "trial court is first to do

Lee v. Lee

56 So. 3d 819, 2011 Fla. App. LEXIS 583, 2011 WL 252728

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 60298656

Published

judgments for further findings and clarification. Section 61.075, Florida Statutes (2008), sets forth the requirements

Randall v. Randall

56 So. 3d 817, 2011 Fla. App. LEXIS 580, 2011 WL 252726

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 60298655

Published

that the ring was her nonmarital property. Section 61.075(1), Florida Statutes (2007), provides that

Dybalski v. Dybalski

52 So. 3d 825, 2011 Fla. App. LEXIS 239, 2011 WL 180201

District Court of Appeal of Florida | Filed: Jan 21, 2011 | Docket: 2407251

Published

marital assets is presumptively proper under section 61.075 and thus an unequal distribution must be justified

Dybalski v. Dybalski

52 So. 3d 825, 2011 Fla. App. LEXIS 239, 2011 WL 180201

District Court of Appeal of Florida | Filed: Jan 21, 2011 | Docket: 2407251

Published

marital assets is presumptively proper under section 61.075 and thus an unequal distribution must be justified

In Re Amend. to the Fla. Family Law Forms

59 So. 3d 792

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 2361433

Published

marriage are to be distributed, under section 61.075, Florida Statutes. c. ___ Petitioner

Wallace v. Wallace

46 So. 3d 1118, 2010 Fla. App. LEXIS 16344, 2010 WL 4260946

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 1929148

Published

So.2d 1269, 1270 (Fla. 2d DCA 2006) (citing section 61.075(3), Florida Statutes, and holding that a final

Van Den Berg v. Van Den Berg

49 So. 3d 283, 2010 Fla. App. LEXIS 15591, 2010 WL 4024611

District Court of Appeal of Florida | Filed: Oct 15, 2010 | Docket: 1928438

Published

marital asset subject to equal distribution. Section 61.075(5)(b)1., Florida Statutes (2007), defines a

Heysek v. Heysek

48 So. 3d 877, 2010 Fla. App. LEXIS 14545, 2010 WL 4277770

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 1387950

Published

assets acquired in exchange for such assets." § 61.075(5)(b)(2), Fla. Stat. (2004); see Grieco v. Grieco

In Re Amendments to the Florida Family Law Rules

55 So. 3d 381, 35 Fla. L. Weekly Supp. 524, 2010 Fla. LEXIS 1632, 2010 WL 3781979

Supreme Court of Florida | Filed: Sep 30, 2010 | Docket: 1931936

Published

marriage are to be distributed, under section 61.075, Florida Statutes. c. ___ Petitioner should

Odak v. Vitrano

45 So. 3d 487, 2010 Fla. App. LEXIS 12721, 2010 WL 3418338

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 60296033

Published

the equitable division of the marital assets. Section 61.075(6), Florida Statutes (2004), provides a bright

Pope v. Pope

42 So. 3d 806, 2010 Fla. App. LEXIS 8347, 2010 WL 2299160

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 2584328

Published

(Fla. 1st DCA 2008) (“The findings required by section 61.075(3)(b) help to facilitate the right of appellate

Lilly v. Lilly

35 So. 3d 1022, 2010 Fla. App. LEXIS 7679, 2010 WL 2139423

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 1143877

Published

values without any evidentiary basis. Although section 61.075(7), Florida Statutes, gives the trial court

Ross v. Ross

20 So. 3d 396, 2009 Fla. App. LEXIS 14935, 2009 WL 3189201

District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 1640132

Published

marital asset subject to equitable distribution. Section 61.075(6)(a), Florida Statutes (2006), defines marital

Shinitzky v. Shinitzky

16 So. 3d 168, 2009 Fla. App. LEXIS 10002, 2009 WL 2168818

District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 1640753

Published

that the $8 million was a non-marital asset. See § 61.075(6)(b)(1), Fla. Stat. (2005). Shortly after the

Vickery v. Vickery

8 So. 3d 443, 2009 Fla. App. LEXIS 2840, 2009 WL 873431

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 60305481

Published

trial court incorrectly interpreted and applied section 61.075(6), Florida Statutes (2005), in identifying

Jalileyan v. Jalileyan

4 So. 3d 1289, 2009 Fla. App. LEXIS 2948, 2009 WL 838258

District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1448636

Published

the disproportionate equitable distribution. See § 61.075(3), Fla. Stat. (requiring that the trial court's

Baptiste v. Baptiste

992 So. 2d 374, 2008 Fla. App. LEXIS 15395, 2008 WL 4489206

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 64855793

Published

of alimony.” (Emphasis provided). Similarly, section 61.075(3), Florida Statutes (2007), requires that

Sweet v. Sweet

993 So. 2d 91, 2008 WL 4482581

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 64856235

Published

occupancy to be an incident of child support. See § 61.075(1)(h) (allowing court in equitable distribution

Sass v. Sass

988 So. 2d 1135, 2008 Fla. App. LEXIS 11595, 2008 WL 2907108

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 64855548

Published

Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980)). Section 61.075(5)(b)l., Florida Statutes (2007), defines non-marital

Marrs v. Marrs

988 So. 2d 137, 2008 Fla. App. LEXIS 11566, 2008 WL 2901572

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 64855378

Published

order also fails to follow the dictates of section 61.075(6), Florida Statutes, in determining the cutoff

Marrs v. Marrs

988 So. 2d 137, 2008 Fla. App. LEXIS 11566, 2008 WL 2901572

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 64855378

Published

order also fails to follow the dictates of section 61.075(6), Florida Statutes, in determining the cutoff

Kovats v. GREGG-KOVATS

984 So. 2d 1277, 2008 WL 2543446

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 2571886

Published

for determining the value of various assets. See § 61.075(6), Fla. Stat. (2006); Barabas v. Barabas, 923

Kovats v. GREGG-KOVATS

984 So. 2d 1277, 2008 WL 2543446

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 2571886

Published

for determining the value of various assets. See § 61.075(6), Fla. Stat. (2006); Barabas v. Barabas, 923

Storn v. Storn

993 So. 2d 1065, 2008 WL 2403654

District Court of Appeal of Florida | Filed: Jun 16, 2008 | Docket: 1516123

Published

property, as is a part of the Traveler's Annuity. See § 61.075(5), Fla. Stat. (2003). As the trial court failed

Foster v. Foster

978 So. 2d 248, 2008 Fla. App. LEXIS 4812, 2008 WL 895827

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 64854402

Published

not contain the findings of fact required by section 61.075, Florida Statutes (2007). On remand, the trial

Nolan v. Nolan

973 So. 2d 1243, 2008 WL 238596

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 2542495

Published

justification for an unequal distribution. . . ." § 61.075(1), Fla. Stat. (2006). See also Melvik v. Melvik

Carollo v. Carollo

972 So. 2d 930, 2007 WL 4322232

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 1158969

Published

subject to equitable distribution, pursuant to section 61.075, Florida Statutes (2003). 920 So.2d at 18.

Monticello v. Monticello

967 So. 2d 390, 2007 Fla. App. LEXIS 16339, 2007 WL 3009956

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 64852797

Published

dissolution. It appears that the trial judge read section 61.075(l)(i), Florida Statutes (2006) as precluding

Crooks v. Crooks

967 So. 2d 969, 2007 Fla. App. LEXIS 16316, 2007 WL 3009070

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 64852999

Published

three categories of property. Florida Statutes section 61.075 provides that in any contested action where

Martin v. Martin

959 So. 2d 803, 2007 Fla. App. LEXIS 9955, 2007 WL 1827224

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 64851434

Published

unequal distribution under the statutory factors. § 61.075(1), Fla. Stat. (2005). As a general rule, a trial

Pereboom v. Pereboom

959 So. 2d 1205, 2007 Fla. App. LEXIS 8914, 2007 WL 1610163

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 64851472

Published

were married, it was a non-marital asset under section 61.075(5)(b), Florida Statutes (2006), but any enhancement

Randall v. Randall

948 So. 2d 71, 2007 Fla. App. LEXIS 411, 2007 WL 102492

District Court of Appeal of Florida | Filed: Jan 17, 2007 | Docket: 64848832

Published

ordered as part of an equitable distribution. See § 61.075, Fla. Stat. (2006) (requiring equitable distribution

Sheehan v. Sheehan

943 So. 2d 818, 2006 WL 2956389

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 1527020

Published

could have properly been treated as marital. See § 61.075(5)(b)3., Fla. Stat. (stating that income from

In re Amendments to the Florida Family Law Rules of Procedure

940 So. 2d 409, 31 Fla. L. Weekly Supp. 627, 2006 Fla. LEXIS 2366, 2006 WL 2771540

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 64847480

Published

Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital”

Porteous v. Porteous

937 So. 2d 1179, 2006 WL 2559851

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 1513131

Published

under the equitable distribution statute. See § 61.075(3), Fla. Stat. (2002). The trial court's judgment

Haley v. Haley

936 So. 2d 1136, 2006 Fla. App. LEXIS 13435, 2006 WL 2347319

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 64846446

Published

evidence that any 1997 income derived from Igo. See § 61.075(5)(b)3. . This figure included losses by entities

Hay v. Hay

934 So. 2d 21, 2006 Fla. App. LEXIS 7050, 2006 WL 1234910

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64845803

Published

The home was purchased and then improved. Section 61.075(5)(a)(5), Florida Statutes, provides that all

Oglesby v. Oglesby

921 So. 2d 849, 2006 Fla. App. LEXIS 3041, 2006 WL 508335

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 64842536

Published

is an asset subject to equitable distribution. § 61.075(5)(a)(4), Fla. Stat. (2004). Consequently, the

McLeod v. McLeod

915 So. 2d 773, 2005 Fla. App. LEXIS 19290, 2005 WL 3338296

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 64841084

Published

therefore subject to distribution. Pursuant to section 61.075, Florida Statutes (2002), the trial court is

Krakower v. Krakower

913 So. 2d 1212, 2005 Fla. App. LEXIS 16614, 2005 WL 2655281

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 64840818

Published

was not in existence on the date of filing. Section 61.075(6), Florida Statutes (2002), addresses two

Pinder v. Pinder

911 So. 2d 870, 2005 Fla. App. LEXIS 15364, 2005 WL 2372102

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 64840511

Published

foregoing nonmarital assets from its consideration. Section 61.075, Florida Statutes (1997), specifically requires

Magri v. Magri

903 So. 2d 1052, 2005 Fla. App. LEXIS 9494, 2005 WL 1420875

District Court of Appeal of Florida | Filed: Jun 20, 2005 | Docket: 64838978

Published

Brennan Magri, appellee. As a general rule,-under section 61.075(1), Florida Statutes (2002), marital assets

Macci v. Macci

904 So. 2d 517, 2005 Fla. App. LEXIS 7957, 2005 WL 1226060

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 64839045

Published

judge’s discretion, the circumstances require.” § 61.075(6), Fla. Stat. (2000). “[T]he determination of

Tooley v. Tooley

902 So. 2d 874, 2005 Fla. App. LEXIS 8192, 2005 WL 1413254

District Court of Appeal of Florida | Filed: May 24, 2005 | Docket: 64838483

Published

PER CURIAM. AFFIRMED. See section 61.075(1)(i), Florida Statutes (2004). SHARP, W., PETERSON and MONACO

Lawrence v. Lawrence

904 So. 2d 445, 2005 Fla. App. LEXIS 4355, 2005 WL 713785

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64839027

Published

non-marital and not subject to distribution. Section 61.075(5)(a), Fla. Stat. (2003). The Florida Supreme

Smith v. Smith

896 So. 2d 818, 2005 Fla. App. LEXIS 1677, 2005 WL 387545

District Court of Appeal of Florida | Filed: Feb 18, 2005 | Docket: 64836881

Published

and therefore becomes marital property. See Section 61.075(5)(a)5, Florida Statutes; see also Robertson

Rudderman v. Rudderman

891 So. 2d 639, 2005 Fla. App. LEXIS 649, 2005 WL 176621

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 64835490

Published

and added to the former wife’s distribution. Section 61.075(1) states in pertinent part that “the court

Torres v. Torres

883 So. 2d 839, 2004 Fla. App. LEXIS 11758, 2004 WL 1778953

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64833107

Published

distribution *841lacks the findings required under section 61.075(3), Florida Statutes, and does not reference

Peacock v. Peacock

879 So. 2d 96, 2004 Fla. App. LEXIS 11469, 2004 WL 1747370

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832081

Published

In short, the judgment fails to comply with section 61.075, Florida Statutes (2003). Upon remand, the

Nail v. Nail

872 So. 2d 394, 2004 Fla. App. LEXIS 6032, 2004 WL 913249

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 64830204

Published

contain any of the findings of fact required in section 61.075, Florida Statutes. Without the required findings

Manolakos v. Manolakos

864 So. 2d 1155, 2003 Fla. App. LEXIS 19750, 2003 WL 23094869

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827837

Published

denied. The Former Husband now appeals. Under section 61.075(1), Florida Statutes (2002), assets should

Hickman v. Hickman

864 So. 2d 42, 2003 Fla. App. LEXIS 18737, 2003 WL 22900737

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 64827610

Published

husband’s financial affidavits. Furthermore, under section 61.075(6), Florida Statutes (2001), a trial court

Sumner v. Sumner

862 So. 2d 93, 2003 Fla. App. LEXIS 17552, 2003 WL 22715268

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64827245

Published

Incorporated, were nonmarital assets of the Husband. See § 61.075(5)(b)l, Fla. Stat. (2000) (defining nonmarital

Allen v. Allen

857 So. 2d 360, 2003 WL 22415171

District Court of Appeal of Florida | Filed: Oct 24, 2003 | Docket: 64825900

Published

would be responsible for each, as required by section 61.075(3)(c), Florida Statutes (2001). See Green v

Van Duyne v. Van Duyne

856 So. 2d 1094, 2003 Fla. App. LEXIS 15647, 2003 WL 22358158

District Court of Appeal of Florida | Filed: Oct 17, 2003 | Docket: 64825815

Published

relevant factors” listed under section 61.075(1), Florida Statutes. § 61.075(1), Fla. Stat. (2001). In the

Lanier v. Lanier

861 So. 2d 457, 2003 Fla. App. LEXIS 14915, 2003 WL 22259477

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 64826994

Published

erred in failing to follow the dictates of section 61.075(3), Florida Statutes (2002), when it entered

Fabiani v. Fabiani

849 So. 2d 1183, 2003 Fla. App. LEXIS 11058, 2003 WL 21697360

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 64824055

Published

failed to make the findings of fact required by section 61.075(8), Florida Statutes. Ondrejack v. Ondrejack

Llamosas v. Llamosas

846 So. 2d 562, 2003 Fla. App. LEXIS 5677, 2003 WL 1916789

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 64823189

Published

concepts of private property rights”) See also § 61.075(1), Fla. Stat. (2002). Our consideration of this

Wimberly v. Wimberly

840 So. 2d 1114, 2003 Fla. App. LEXIS 3770, 2003 WL 1387039

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 64821603

Published

marital asset subject to equitable distribution. § 61.075(5)(a)5., Fla. Stat. (2000); Robertson v. Robertson

Marcell v. Marcell

842 So. 2d 945, 2003 Fla. App. LEXIS 3771, 2003 WL 1386758

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 64822179

Published

different assets were valued at different dates. See § 61.075(6), Fla. Stat. (2001) (“Different assets may be

Carr v. Clark (In re Clark)

289 B.R. 474, 16 Fla. L. Weekly Fed. B 71, 157 Oil & Gas Rep. 1104, 2003 Bankr. LEXIS 118

United States Bankruptcy Court, M.D. Florida | Filed: Feb 11, 2003 | Docket: 65782544

Published

is by statute as set forth in Florida Statute § 61.075(4), which provides that upon the recordation of

O'Neil v. Drummond

824 So. 2d 1032, 2002 Fla. App. LEXIS 12681, 2002 WL 2001377

District Court of Appeal of Florida | Filed: Sep 3, 2002 | Docket: 64817164

Published

marital assets as of that date. We disagree. Section 61.075(6), Florida Statutes (2000), provides in part:

Knorr v. Knorr

827 So. 2d 1017, 2002 Fla. App. LEXIS 9591, 2002 WL 1466250

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 64818044

Published

petition for dissolution of marriage was filed. § 61.075(6), Fla. Stat. (1997). In the present case, the

Ruiz v. Ruiz

821 So. 2d 1112, 2002 Fla. App. LEXIS 8212, 2002 WL 1285100

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 64816507

Published

candor is not among the factors enumerated in Section 61.075(1), Florida Statutes, that would justify an

Young v. Young

816 So. 2d 799, 2002 Fla. App. LEXIS 6584, 2002 WL 985340

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 64815226

Published

with all requirements of equitable distribution. § 61.075, Fla. Stat. (2001). The existence, or non-existence

Gotsis v. Gotsis

813 So. 2d 207, 2002 Fla. App. LEXIS 4306, 2002 WL 491540

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 64814135

Published

valuation date to any of these assets. Pursuant to section 61.075(6), Florida Statutes (1999), “[t]he date for

Benson v. Benson

800 So. 2d 739, 2001 Fla. App. LEXIS 17198, 2001 WL 1555452

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 64810405

Published

identified, valued and equitably distributed. See § 61.075(3), Fla. Stat. In addition to those mentioned

Schriefer v. Schriefer

800 So. 2d 699, 2001 Fla. App. LEXIS 16912, 2001 WL 1517421

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 64810391

Published

expenditures, advise us what the justification is. See section 61.075(8)(d), Fla. Stat. REVERSED and REMANDED. PETERSON

Phillips v. Phillips

796 So. 2d 1289, 2001 Fla. App. LEXIS 14879, 26 Fla. L. Weekly Fed. D 2525

District Court of Appeal of Florida | Filed: Oct 19, 2001 | Docket: 64809407

Published

have not been listed and valued as required by section 61.075, Fla. Stat. (2000). The award for marital distribution

Welch v. Douglas-Welch

800 So. 2d 630, 2001 Fla. App. LEXIS 14485, 2001 WL 1202770

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 64810372

Published

disposition of the parties’ joint savings account. See § 61.075(3), Fla. Stat. (2000). Accordingly, we remand

Woodell v. Woodell

791 So. 2d 573, 2001 Fla. App. LEXIS 11101, 2001 WL 883246

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64807411

Published

judgment satisfies the specificity requirements of section 61.075, Florida Statutes (1997). Second, we hold the

Perez-Lugones v. Perez-Lugones

790 So. 2d 612, 2001 Fla. App. LEXIS 11112, 2001 WL 883276

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64807141

Published

the loan, this was not a marital liability. See § 61.075(5)(a), Fla. Stat. (1999). That being so, we strike

Fitzgerald v. Fitzgerald

790 So. 2d 1216, 2001 Fla. App. LEXIS 11077, 2001 WL 883077

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64807275

Published

proceeding filed by Mrs. Fitzgerald. See, e.g., § 61.075(l)(i), (6), Fla. Stat. (2000). The record suggests

Beniaminov v. Beniaminov

789 So. 2d 494, 2001 Fla. App. LEXIS 9493, 2001 WL 769823

District Court of Appeal of Florida | Filed: Jul 11, 2001 | Docket: 64806713

Published

return of the jewelry to the Wife. Pursuant to section 61.075(3), Florida Statutes (1999), the trial court

Rivers v. Rivers

785 So. 2d 752, 2001 Fla. App. LEXIS 7527, 2001 WL 584253

District Court of Appeal of Florida | Filed: Jun 1, 2001 | Docket: 64805519

Published

Maria failed to prove any enhancement value. See § 61.075(5)(b)(l), Fla. Stat.; Hill v. Hill, 675 So.2d

Wildtraut v. Wildtraut

787 So. 2d 182, 2001 Fla. App. LEXIS 6260, 2001 WL 497321

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 64806061

Published

be subject to equitable distribution. See also § 61.075(5)(a)(4), Fla.Stat. (1997). In this case, the

Waggoner v. Waggoner

780 So. 2d 1033, 2001 Fla. App. LEXIS 4130, 2001 WL 310156

District Court of Appeal of Florida | Filed: Apr 2, 2001 | Docket: 64804436

Published

presumption arises that the property is a marital asset. § 61.075(5)(a)5, Fla. Stat. (1997). The undisputed evidence

Williams v. Williams

766 So. 2d 1127, 2000 Fla. App. LEXIS 10717, 2000 WL 1187442

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 64800306

Published

liabilities are marital or nonmarital in nature. See § 61.075(1), Fla. Stat. (1997). The trial court must then

McMullan v. McMullan

762 So. 2d 533, 2000 Fla. App. LEXIS 5699, 2000 WL 622267

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 64798683

Published

distributing the parties’ marital assets. See § 61.075(3) Fla. Stat. (1997). Our review of the amended

Chestnutt v. Chestnutt

752 So. 2d 1287, 2000 Fla. App. LEXIS 3373, 2000 WL 293465

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64795776

Published

marital and nonmarital assets as required by section 61.075(3), Florida Statutes (1997). The appellee agrees

Turner v. Turner

746 So. 2d 584, 1999 Fla. App. LEXIS 17030, 1999 WL 1244439

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 64792861

Published

affidavit. The trial court was required under section 61.075, Florida Statutes (Supp.1996), to equitably

Jones v. Kellman (In Re Kellman)

248 B.R. 430, 13 Fla. L. Weekly Fed. B 186, 1999 Bankr. LEXIS 1817, 1999 WL 1791622

United States Bankruptcy Court, M.D. Florida | Filed: Dec 3, 1999 | Docket: 1422803

Published

non-marital properties were commingled. See FLA. STAT. § 61.075 (1999) (applicable in proceedings for dissolution

Kaplan v. Kaplan

744 So. 2d 1201, 1999 Fla. App. LEXIS 14768, 1999 WL 1004652

District Court of Appeal of Florida | Filed: Nov 8, 1999 | Docket: 64792227

Published

evidence and did not abuse its discretion. See § 61.075(3), Fla. Stat. (1997); Canakaris v. Canakaris

Rogozinski v. Rogozinski

742 So. 2d 487, 1999 Fla. App. LEXIS 12686, 1999 WL 761164

District Court of Appeal of Florida | Filed: Sep 28, 1999 | Docket: 64791415

Published

and non-marital liabilities, as required by section 61.075(3). Failure to make these specific findings

Rosen v. Rosen

738 So. 2d 474, 1999 Fla. App. LEXIS 10096, 1999 WL 543216

District Court of Appeal of Florida | Filed: Jul 28, 1999 | Docket: 64789773

Published

Charles Schwab account were marital property. Section 61.075(3), Florida Statutes, requires that the trial

Bonilla v. Bonilla

739 So. 2d 108, 1999 Fla. App. LEXIS 7840, 1999 WL 391888

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 64790135

Published

marital funds or other forms of marital assets ....” § 61.075(5)(a)2, Fla. Stat. (1997) (emphasis added). The

Martin v. Martin

734 So. 2d 1133, 1999 WL 333107

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 1442826

Published

there is justification for an inequality. See § 61.075(1), Fla. Stat. (1997); see also Kovar v. Kovar

Chavis v. Chavis

727 So. 2d 1148, 1999 Fla. App. LEXIS 3392, 1999 WL 152848

District Court of Appeal of Florida | Filed: Mar 23, 1999 | Docket: 64786679

Published

making the equitable distribution pursuant to section 61.075, Florida Statutes, the lower court determined

Mobley v. Mobley

724 So. 2d 697, 1999 Fla. App. LEXIS 480, 1999 WL 22299

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64785602

Published

or an expla*698nation made of their omission. § 61.075(3), Fla. Stat. (1997). We affirm the final judgment

Griffing v. Griffing

722 So. 2d 979, 1999 Fla. App. LEXIS 104, 1999 WL 5103

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 64785021

Published

make adequate fact findings as required by section 61.075, Florida Statutes (1997). We find no merit

Stinson v. Stinson

722 So. 2d 272, 1998 Fla. App. LEXIS 16022, 1998 WL 889774

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 64784923

Published

Judgment does not discuss the factors listed in section 61.075(1), Florida Statutes, which should be considered

Bright v. Bright

721 So. 2d 1215, 1998 Fla. App. LEXIS 15844, 1998 WL 873782

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 64784810

Published

further consideration of that issue pursuant to section 61.075, Florida Statutes (1995). The trial court shall

Bomwell v. Bomwell

720 So. 2d 1140, 1998 Fla. App. LEXIS 14297, 1998 WL 821793

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 64784377

Published

evidence to rebut the presumption of gift, see section 61.075(5)(a), Florida Statutes (1993); the date of

Swickle v. Swickle

723 So. 2d 310, 1998 Fla. App. LEXIS 14416, 1998 WL 821792

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 64785078

Published

Title was taken as tenants by the entireties. Section 61.075, Florida Statutes (Supp. 1994), “creates a

Gotch v. Wald (In re Wald)

248 B.R. 642, 1998 Bankr. LEXIS 1922

United States Bankruptcy Court, M.D. Florida | Filed: Sep 14, 1998 | Docket: 65782044

Published

notwithstanding any disability of a party. Section 61.075(4), Florida Statutes, provides: 61.075 Equitable

White v. White

717 So. 2d 89, 1998 Fla. App. LEXIS 9877, 1998 WL 476565

District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 64782613

Published

marital assets as of the date of the final hearing. § 61.075(6), Fla. Stat. (Supp.1994). Additionally, we are

Heim v. Heim

712 So. 2d 1238, 1998 Fla. App. LEXIS 7996, 1998 WL 347190

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64781607

Published

properties fall squarely within the provisions of section 61.075(5)(a)5, Florida Statutes (1997), which provides:

In Re Stoops

224 B.R. 205, 12 Fla. L. Weekly Fed. B 13, 1998 Bankr. LEXIS 1135, 40 Collier Bankr. Cas. 2d 1095

United States Bankruptcy Court, M.D. Florida | Filed: Jun 30, 1998 | Docket: 1461478

Published

under Florida's equitable distribution statute, § 61.075 are subject to prior perfected liens. Hence, the

In Re Stoops

224 B.R. 205, 12 Fla. L. Weekly Fed. B 13, 1998 Bankr. LEXIS 1135, 40 Collier Bankr. Cas. 2d 1095

United States Bankruptcy Court, M.D. Florida | Filed: Jun 30, 1998 | Docket: 1461478

Published

under Florida's equitable distribution statute, § 61.075 are subject to prior perfected liens. Hence, the

Lerner v. Lerner

708 So. 2d 1029, 1998 Fla. App. LEXIS 3650, 1998 WL 158604

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64780047

Published

Wife objected to the motion and answered that section 61.075(l)(h), Florida Statutes (1997), dealing with

Lerner v. Lerner

708 So. 2d 1029, 1998 Fla. App. LEXIS 3650, 1998 WL 158604

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64780047

Published

Wife objected to the motion and answered that section 61.075(l)(h), Florida Statutes (1997), dealing with

Chabotte v. Chabotte

707 So. 2d 923, 1998 Fla. App. LEXIS 2284, 1998 WL 113562

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 64779714

Published

imposed on trial judges in dissolution cases. Section 61.075(1), Florida Statutes requires the trial court

Ingram v. Ingram

701 So. 2d 429, 1997 Fla. App. LEXIS 12769, 1997 WL 705649

District Court of Appeal of Florida | Filed: Nov 14, 1997 | Docket: 64776748

Published

believed the former husband’s construction of section 61.075(5), Florida Statutes (1995), had been correct

Schwartz v. Schwartz

720 So. 2d 531, 1997 Fla. App. LEXIS 10715, 1997 WL 586663

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 64784211

Published

debt, the Final Judgment fails to comply with section 61.075(3)(d), Florida Statutes, in that it does not

Minton v. Minton

698 So. 2d 936, 1997 Fla. App. LEXIS 10132, 1997 WL 559448

District Court of Appeal of Florida | Filed: Sep 10, 1997 | Docket: 64775581

Published

our prior rulings. In Robbie, we held that Section 61.075(5)(a)2, Florida Statutes (1993), should not

Siravo v. Siravo

693 So. 2d 676, 1997 Fla. App. LEXIS 4926, 1997 WL 228647

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 64773453

Published

marital assets after filing of the petition.... ” § 61.075(l)(i), Fla.Stat. (1995); Lewis v. Lewis, 665 So

Smoley v. Smoley

691 So. 2d 58, 1997 Fla. App. LEXIS 3235, 1997 WL 163566

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 64772283

Published

trial court to make the findings required by section 61.075(3), Florida Statutes (1995). Keaton v. Keaton

Brock v. Brock

690 So. 2d 737, 1997 Fla. App. LEXIS 3178

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 64772188

Published

a clear interest nor an effective remedy.5 Section 61.075(3) requires that any distribution of marital

Cummings v. Cummings

688 So. 2d 1034, 1997 Fla. App. LEXIS 2069, 1997 WL 100895

District Court of Appeal of Florida | Filed: Mar 10, 1997 | Docket: 64771531

Published

merits of any other issue in the present appeal. Section 61.075(3)(b), Florida Statutes, provides that the

Burns v. Burns

687 So. 2d 933, 1997 Fla. App. LEXIS 949, 1997 WL 54596

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 64771082

Published

marital asset subject to equitable distribution. See § 61.075, Fla. Stat. (1993). Marilyn and Gerald Burns were

Owens v. Owens

685 So. 2d 1038, 1997 Fla. App. LEXIS 127

District Court of Appeal of Florida | Filed: Jan 15, 1997 | Docket: 64770212

Published

approximately $78,700 in net marital assets. Section 61.075(1), Florida Statutes (1993), requires courts

Fuller v. Fuller

683 So. 2d 1192, 1996 Fla. App. LEXIS 13212, 1996 WL 729746

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64769485

Published

of $4,475. None of the factors set forth in section 61.075(1), Florida Statutes (1993) were referenced

Ballew v. Ballew

683 So. 2d 1171, 1996 Fla. App. LEXIS 13144, 1996 WL 724282

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 64769472

Published

552 So.2d 958 (Fla. 1st DCA 1989). Further, section 61.075(5)(a), Florida Statutes (1995) provides that

Clinton v. Carver

675 So. 2d 642, 1996 Fla. App. LEXIS 6055, 1996 WL 310277

District Court of Appeal of Florida | Filed: Jun 11, 1996 | Docket: 64765439

Published

marriage” to reside six months in the state, section 61.075(1) relates to “distributing the marital assets

Cochran v. Cochran

673 So. 2d 956, 1996 Fla. App. LEXIS 5232, 1996 WL 271568

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 64764737

Published

court erred in applying the 1994 amendment to section 61.075(6), Florida Statutes, in determining the date

Roberts v. Roberts

675 So. 2d 183, 1996 Fla. App. LEXIS 5177, 1996 WL 271589

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 64765245

Published

continuance, and by failing to *184comply with Section 61.075(3), Florida Statutes (1995). The wife cross

Bardino v. Bardino

670 So. 2d 183, 1996 Fla. App. LEXIS 3065, 1996 WL 134762

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 64763387

Published

equitable distribution of the marital assets under section 61.075, Florida Statutes (1995), including the marital

Taff v. Taff

668 So. 2d 275, 1996 Fla. App. LEXIS 1156, 1996 WL 63386

District Court of Appeal of Florida | Filed: Feb 15, 1996 | Docket: 64762453

Published

agree that the trial court did not comply with section 61.075, Florida Statutes (1993). The final judgment

Stammers v. Stammers

667 So. 2d 495, 1996 Fla. App. LEXIS 845, 1996 WL 46910

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762015

Published

erred by failing to follow the requirements of section 61.075(3), Florida Statutes (1991), which requires

Thibault v. Thibault

668 So. 2d 237, 1996 Fla. App. LEXIS 856, 1996 WL 63494

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762446

Published

husband a credit for the entire 1992 value. Section 61.075(4), Florida Statutes (1989), provides that

Logan v. Logan

666 So. 2d 1040, 1996 Fla. App. LEXIS 535, 1996 WL 33954

District Court of Appeal of Florida | Filed: Jan 30, 1996 | Docket: 64761733

Published

parties were equitably distributed.”). . See § 61.075(l)(j), Fla.Stat. (1993) (directing trial court

Logan v. Logan

666 So. 2d 1040, 1996 Fla. App. LEXIS 535, 1996 WL 33954

District Court of Appeal of Florida | Filed: Jan 30, 1996 | Docket: 64761733

Published

parties were equitably distributed.”). . See § 61.075(l)(j), Fla.Stat. (1993) (directing trial court

Robinson v. Robinson

666 So. 2d 1030, 1996 Fla. App. LEXIS 463, 1996 WL 27875

District Court of Appeal of Florida | Filed: Jan 26, 1996 | Docket: 64761725

Published

as the final judgment does not comply with section 61.075(3), Florida Statutes (1993).

Herring v. Herring

666 So. 2d 927, 1995 Fla. App. LEXIS 9771, 1995 WL 548342

District Court of Appeal of Florida | Filed: Sep 18, 1995 | Docket: 64761688

Published

assets not subject to equitable distribution. See § 61.075(5)(b), Fla.Stat. (1993). Accordingly, we reverse

Gardner v. Stock

658 So. 2d 1101, 1995 Fla. App. LEXIS 7518, 1995 WL 412377

District Court of Appeal of Florida | Filed: Jul 14, 1995 | Docket: 64758118

Published

5th DCA 1993); § 61.075(3), Fla.Stat. 2. Reference the factors listed in section 61.075(1) in order to

Kennedy v. Kennedy

656 So. 2d 562, 1995 Fla. App. LEXIS 6366, 1995 WL 353489

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 64757236

Published

his one-half interest in the pension plan. Section 61.075(6), Florida Statutes (1993), provides: The

Reiss v. Reiss

654 So. 2d 268, 1995 Fla. App. LEXIS 4532, 1995 WL 247837

District Court of Appeal of Florida | Filed: May 1, 1995 | Docket: 64755897

Published

for determining marital assets and liabilities.” § 61.075(6), Fla.Stat. (1993). Here the trial court established

Reiss v. Reiss

654 So. 2d 268, 1995 Fla. App. LEXIS 4532, 1995 WL 247837

District Court of Appeal of Florida | Filed: May 1, 1995 | Docket: 64755897

Published

for determining marital assets and liabilities.” § 61.075(6), Fla.Stat. (1993). Here the trial court established

Tsatiris v. Tsatiris

653 So. 2d 405, 1995 Fla. App. LEXIS 2365, 1995 WL 96314

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 64755466

Published

the residence until the child is emancipated. § 61.075(l)(h). In this case, were it not for .the second

Essex v. Essex

649 So. 2d 293, 1995 Fla. App. LEXIS 221, 1995 WL 17530

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 64753778

Published

consider same when making its equitable distribution, § 61.075(5)(a), Fla.Stat. (1993); § 61.076(1), Fla.Stat

Steadman v. Steadman

645 So. 2d 581, 1994 Fla. App. LEXIS 11452, 1994 WL 652867

District Court of Appeal of Florida | Filed: Nov 22, 1994 | Docket: 64752256

Published

fashioning an equitable distribution pursuant to section 61.075, Florida Statutes. While a 50-50 division of

Gardner v. Stock

645 So. 2d 33, 1994 Fla. App. LEXIS 10124, 1994 WL 576159

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 64752148

Published

5th DCA 1993); § 61.075(3), Fla.Stat. 2. Reference the factors listed in section 61.075(1) in order to

Trusheim v. Trusheim

643 So. 2d 686, 1994 Fla. App. LEXIS 9788, 1994 WL 551548

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 64751429

Published

contention and remand for further proceedings. Section 61.075(1), Florida Statutes (1991), requires that

Jarmel v. Jarmel

641 So. 2d 926, 1994 Fla. App. LEXIS 7667, 1994 WL 397602

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 64750516

Published

the acquisition of the marital residence. See § 61.075(5)(b)(l), Fla.Stat. (1991). She acquired the remainder

Lupkowski v. Lupkowski

638 So. 2d 632, 1994 Fla. App. LEXIS 6595, 1994 WL 316693

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749244

Published

did not comply with statutory requirements. Section 61.075(3), Florida Statutes (1991), provides: (3)

De Armas v. De Armas

639 So. 2d 1007, 1994 WL 259668

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 64749686

Published

the basis for its inequitable distribution. Section 61.-075(3)(d), Florida Statutes (1991), requires the

Franzoni v. Franzoni

630 So. 2d 1250, 1994 Fla. App. LEXIS 604, 1994 WL 28856

District Court of Appeal of Florida | Filed: Feb 4, 1994 | Docket: 64746044

Published

failed to comply with the requirements of section 61.-075(1), Florida Statutes (1993) by failing to identify

Sevor v. Sevor

627 So. 2d 609, 1993 Fla. App. LEXIS 12140, 1993 WL 504376

District Court of Appeal of Florida | Filed: Dec 10, 1993 | Docket: 64744425

Published

designation for each asset, as required by section 61.075, Florida Statutes (1991), we are not able to

Blazevski v. Blazevski

625 So. 2d 115, 1993 Fla. App. LEXIS 10481, 1993 WL 407961

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 64743312

Published

order of equitable distribution as required by section 61.075(2), Florida Statutes (1991). See McMonagle

Everette v. Everette

620 So. 2d 1115, 1993 Fla. App. LEXIS 7075, 1993 WL 242580

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697473

Published

marital asset subject to equitable distribution. See § 61.075(5)(a), Fla.Stat. We also reverse the trial court’s

Cook v. Cook

618 So. 2d 775, 1993 Fla. App. LEXIS 5360, 1993 WL 154003

District Court of Appeal of Florida | Filed: May 14, 1993 | Docket: 64696434

Published

marriage in view of the factors outlined in section 61.075, Florida Statutes (1991). Husband was receiving

Villalva v. Villalva

620 So. 2d 198, 1993 Fla. App. LEXIS 5229, 1993 WL 152422

District Court of Appeal of Florida | Filed: May 12, 1993 | Docket: 64697029

Published

party asserting the claim for special equity. See § 61.075(5)(a) 5., Fla.Stat. (1991); Robertson v. Robertson

Goosby v. Goosby

614 So. 2d 692, 1993 Fla. App. LEXIS 2989, 1993 WL 72045

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 64694659

Published

requirements concerning equitable distribution. See § 61.075(3), Fla.Stat. We, therefore, reverse and remand

Frank v. Frank

614 So. 2d 566, 1993 Fla. App. LEXIS 1727, 1993 WL 30578

District Court of Appeal of Florida | Filed: Feb 10, 1993 | Docket: 64694601

Published

v. Deckard, 590 So.2d 35 (Fla. 4th DCA 1991); § 61.075, Florida Statutes (1991). STONE, J., OWEN, WILLIAM

Diamond v. De Lemos

614 So. 2d 3, 1993 Fla. App. LEXIS 1623, 1993 WL 31572

District Court of Appeal of Florida | Filed: Feb 9, 1993 | Docket: 64694385

Published

Florida Statutes (1991). In compliance with section 61.075, Florida Statutes (1991), the trial judge considered

Diamond v. De Lemos

614 So. 2d 3, 1993 Fla. App. LEXIS 1623, 1993 WL 31572

District Court of Appeal of Florida | Filed: Feb 9, 1993 | Docket: 64694385

Published

Florida Statutes (1991). In compliance with section 61.075, Florida Statutes (1991), the trial judge considered

Howes v. Howes

613 So. 2d 551, 1993 Fla. App. LEXIS 1266, 1993 WL 20263

District Court of Appeal of Florida | Filed: Feb 3, 1993 | Docket: 64693982

Published

husband’s name alone were not marital assets. Section 61.075(5)(a)l, Florida Statutes (1991) defines “marital

Flammer v. Jay (In re Flammer)

150 B.R. 474, 7 Fla. L. Weekly Fed. B 13, 1993 Bankr. LEXIS 137

United States Bankruptcy Court, M.D. Florida | Filed: Jan 29, 1993 | Docket: 65780535

Published

properties to her by virtue of Florida Statutes § 61.075(4) which provides: “The judgment distributing

Schachter v. Schachter

610 So. 2d 730, 1992 Fla. App. LEXIS 13034, 1992 WL 385399

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 64692866

Published

shall address each of the applicable factors in section 61.075(l)(a) through (h), Florida Statutes (1991)

Callahan v. Callahan

604 So. 2d 927, 1992 Fla. App. LEXIS 9805, 1992 WL 222161

District Court of Appeal of Florida | Filed: Sep 15, 1992 | Docket: 64669581

Published

basis for the distribution of marital property. § 61.075, Fla.Stat. (1991). Reversed and remanded for an

Johns v. Johns

598 So. 2d 327, 1992 Fla. App. LEXIS 5814, 1992 WL 111376

District Court of Appeal of Florida | Filed: May 29, 1992 | Docket: 64667183

Published

award fees because of his misinterpretation of section 61.075(1). The parties in this case accumulated few

Genunzio v. Genunzio

598 So. 2d 129, 1992 Fla. App. LEXIS 4308, 1992 WL 76591

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 64667091

Published

house was a marital asset under Florida law. § 61.-075(3)(a)2, Fla.Stat. (1989). Under normal circumstances

Smith v. Smith

597 So. 2d 370, 1992 Fla. App. LEXIS 4236, 1992 WL 73760

District Court of Appeal of Florida | Filed: Apr 14, 1992 | Docket: 64666764

Published

Robertson v. Robertson, 593 So.2d 491 (Fla.1991); § 61.075(3)(a)5, Fla.Stat. (1989). The trial court concluded

Barker v. Barker

596 So. 2d 1187, 1992 Fla. App. LEXIS 3930, 1992 WL 67920

District Court of Appeal of Florida | Filed: Apr 6, 1992 | Docket: 64666626

Published

Appellee concedes this point, and we agree. See section 61.075(1), Florida State (1989). Accordingly, we vacate

Vogedes v. Vogedes

596 So. 2d 147, 1992 Fla. App. LEXIS 2707, 1992 WL 48702

District Court of Appeal of Florida | Filed: Mar 18, 1992 | Docket: 64666228

Published

proof concerning donative intent vis-a-vis section 61.075, Florida Statutes (1989), we cannot say the

Lovaas v. Lovaas

599 So. 2d 999, 1992 Fla. App. LEXIS 1785, 1992 WL 32803

District Court of Appeal of Florida | Filed: Feb 25, 1992 | Docket: 64667806

Published

PER CURIAM. Affirmed. § 61.075, Fla.Stat. (Supp.1988).

Pitone v. Pitone

585 So. 2d 449, 1991 Fla. App. LEXIS 8578, 1991 WL 167843

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 64661358

Published

Keough plan of the husband in accordance with section 61.075, Florida Statutes (1989), and we find no error

O'Dell v. O'Dell

583 So. 2d 1087, 1991 Fla. App. LEXIS 6904, 1991 WL 129738

District Court of Appeal of Florida | Filed: Jul 18, 1991 | Docket: 64660733

Published

effective date of section 61.075, the equitable distribution statute. Section 61.075(3)(a)2 provides that

O'Leesky v. Liggett

582 So. 2d 43, 1991 Fla. App. LEXIS 5559, 1991 WL 101812

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 64659966

Published

criteria found in subparts (a) through (g) of section 61.075(1) is incapable of accomplishing the statutory

Lipsitt v. Lipsitt

580 So. 2d 174, 1991 Fla. App. LEXIS 2415, 1991 WL 35409

District Court of Appeal of Florida | Filed: Mar 20, 1991 | Docket: 64658969

Published

that sum in computing the marital assets. Section 61.-075(4), Florida Statutes, provides: The date for

Russ v. Russ

576 So. 2d 414, 1991 Fla. App. LEXIS 2340, 1991 WL 35316

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 64657338

Published

Neff v. Neff, 386 So.2d 318 (Fla. 2d DCA 1980); § 61.075(l)(g), Fla.Stat. (1989). (b) To the extent that

Smith v. Smith

571 So. 2d 1384, 1990 Fla. App. LEXIS 9638, 1990 WL 212137

District Court of Appeal of Florida | Filed: Dec 26, 1990 | Docket: 64655392

Published

So.2d 1386 (Fla. 5th DCA 1983). Compare also section 61.075, Florida Statutes (1988 Supp.), which became

Mathews v. Mathews

558 So. 2d 210, 1990 Fla. App. LEXIS 1891, 1990 WL 32455

District Court of Appeal of Florida | Filed: Mar 26, 1990 | Docket: 64648815

Published

court proceeding as husband’s Exhibit Z-1. See § 61.075(1), Fla.Stat. (1988 Supp.); Corbo v. Strickland

Eiler v. Eiler

556 So. 2d 834, 1990 Fla. App. LEXIS 1013, 1990 WL 14251

District Court of Appeal of Florida | Filed: Feb 21, 1990 | Docket: 64648088

Published

distribution. The Equitable Distribution Statute, section 61.075, Florida Statutes (Supp.1988), does not control

Hennessey v. Hennessey

551 So. 2d 597, 14 Fla. L. Weekly 2565, 1989 Fla. App. LEXIS 6186, 1989 WL 133040

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64645930

Published

case, we note that the legislature enacted section 61.075, Florida Statutes (1988), Equitable Distribution

Ruiz v. Ruiz

548 So. 2d 699, 14 Fla. L. Weekly 1706, 1989 Fla. App. LEXIS 4053, 1989 WL 78316

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 64644801

Published

distribution. In that regard, we find that section 61.075 Florida Statutes (Supp.1988), although not

Gray v. Lauscher

537 So. 2d 708, 14 Fla. L. Weekly 355, 1989 Fla. App. LEXIS 442, 1989 WL 6417

District Court of Appeal of Florida | Filed: Feb 2, 1989 | Docket: 64640084

Published

distribution statute effective October 1, 1988. § 61.075, et. seq.