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GETTING MORE THAN 50%
by
NORMAN D. LEVIN
NORMAN D. LEVIN, P.A.
THE FAMILY LAW FIRM
165 West Jessup Avenue
Longwood, FL 32750
407-834-9494
Email:  ndlevin@ndlpa.com

IV. FLORIDA EQUITABLE DISTRIBUTION FACTORS WORKSHEET

FACTOR

FACTS

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

 

(2) The economic circumstances of the parties.

 

(3) The duration of the marriage;

 

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

 

 

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

 

(6) 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.

 

 

(7) 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.

 

 

(8) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party

 

 

(9) 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.

 

 

(10) Any other factors necessary to do justice

 

 

 

V.

JUSTIFICATIONS FOR UNEQUAL DISTRIBUTION OR NOT

Justification

Yes

No

Authority

Prior conveyance of residence to one spouse handled all expenses attendant to the property for years, borrowed substantial sums of money to prevent foreclosure of liens against the property, and was able to locate a buyer for the property. One lien was for a child support obligation owed to a child born during the marriage to another woman.

X

 

Maddox v. Maddox

, 750 So.2d 693 (Fla. 1st DCA 2000)

Wife 53 years old with a high school education and who worked at times during the marriage and spent her inheritance and where financial resources of the husband were clearly greater than those of the wife and where the division of the husband's pension was identified as part equitable distribution of the pension and part alimony

X

 

Kovalchick v. Kovalchick

, 841 So.2d 669 (Fla.App. Dist.4 04/09/2003)

Wife's frugality and husband's spendthrift nature and refusal to go to marriage counseling before filing for divorce do not justify disparate distribution of assets

.
 

X

Horne v. Horne

, 711 So.2d 1310 (Fla. 1st DCA 1998)

Wife made significantly greater contributions to the marriage based on her premarital financial situation and her postmarital physical, emotional, and financial sacrifices in the care of her husband, which helped him achieve very good results from his rehabilitation program.

 

 

The husband brought a substantial amount of assets into the marriage, valued at $637,000. The trial court found that all of the husband's premarital assets had been so commingled with marital assets as to make the entire estate marital in nature with value over 1,100,000.

X

 

 

 

 

 

 

 

 

 

 

 

X

Krafchuk v. Krafchuk

 

 

 

 

 

 

 

 

 

Williams v. Williams

, 686 So.2d 805 (Fla. 4th DCA 1997)
, 804 So. 2d 376, 380 (Fla. 4th DCA 2001)

Fact that "the Husband's intentional attempt to avoid financial obligations by intentionally putting himself in a position to be fired was not adequate basis for unequal distribution where this fact was taken into consideration in imputing income to the former husband and in awarding permanent periodic alimony to the former wife.

 

X

Jessee v. Jessee

, 839 So.2d 842 (Fla.App. Dist.3 03/05/2003)

One spouse has a superior earning capacity greater earnings and commingling of premarital assets with marital assets; nine year marriage

 

X

Gil v. Mendelson

 

Misdraji v. Misdraji

, 702 So.2d 1292 (Fla. 3d DCA 1997)

 

Williams v. Williams

, 686 So.2d 805 (Fla. 4th DCA 1997)
, 793 So.2d 1061, 26 Fla. L. Weekly D1814 (Fla. 3d DCA July 25, 2001)

Parties' lengthy separation

X

 

Heslop v. Moore

, 716 So.2d 276 (Fla. 3d DCA 1998)

Stock Market losses cause by a party’s poor investment is not basis for unequal distribution unless activity rises to level of intentional dissipation and waste of marital assets

 

X

Rosenbloom v. Rosenbloom,

No. 4D02-1918 (Fla.App. 06/11/2003)

Expenditures which were simply bad "purchasing decisions" made during marriage and did not rise to the level of dissipation "mismanagement" of funds during marriage

 

X

Segall v. Segall

 

 

Cornell v. Smith

Gentile v. Gentile

Monas v. Monas

, 665 So.2d 346 (Fla. 4th DCA 1996)
, 565 So.2d 820 (Fla. 4th DCA 1990)
, 616 So.2d 629 (Fla. 4th DCA 1993)
, 708 So.2d 983 (Fla. 4th DCA 1998)

Parties' marital funds or labor are devoted to a nonmarital asset but not sufficiently to change the character of that asset to marital

X

 

Barner v. Barner

, 716 So.2d 795 (Fla. 4th DCA 1998)

short-term marriage and unequal contributions to the marriage

X

 

Becker v. Becker

, 639 So.2d 1082 (Fla. 5th DCA 1994)

parties "did not enjoy a valid marriage" because of the length of time of separation

 

X

Days v. Days

, 617 So.2d 417 (Fla. 1st DCA 1993)

husband was permanently disabled while the wife was 29 years old, in good health and employable

X

 

Dellavecchia v. Dellavecchia

, 547 So.2d 287 (Fla. 2d DCA 1989)

wife's emotional problems; wife's contribution to the marriage and award to husband of income producing asset

X

 

Goosby v. Lawrence

, 711 So.2d 577 (Fla. 3d DCA 1998)

an award of substantial permanent periodic alimony award of permanent alimony cannot be used as justification for a less than equal distribution of marital assets; while the distribution can have an effect on alimony, the reverse should not occur; court must make distribution award before making alimony awards

X?

 

Green v. Green

Prom v. Prom

 

Weimer v. Weimer

, 677 So.2d 86 (Fla. 4th DCA 1996)
, 589 So.2d 1363 (Fla. 1st DCA 1989)
, 542 So.2d 466 (Fla. 5th DCA 1989)

larger asset awarded to husband was pension funds which could not be used by husband for twenty years

X

 

Kussrath v. Kussrath

, 615 So.2d 863 (Fla. 3d DCA 1993)

intentional dissipation of assets during the proceedings husband's dissipation of assets

 

 

Concealment and Dissipation of assets

X

 

 

 

 

Lewis v. Lewis, 665 So.2d 322 (Fla. 4th DCA 1996)

 

Siravo v. Siravo

 

Escudero v. Escudero

, 739 So.2d 688 (Fla. 5th DCA 1999)
, 693 So.2d 676 (Fla. 4th DCA 1997)

wife's lack of contribution to marriage, short term nature of marriage and husband's contribution of wife's career

X

 

Lozano-Ciccia v. Lozano

, 599 So.2d 718 (Fla. 3d DCA 1992)

where equal distribution, under the facts of the case, would produce an "inequitable result;"

X

 

McMonagle v. McMonagle, 617 So.2d 373 (Fla. 5th DCA 1993)

parties' had no minor children during their marriage and husband paid substantial temporary support during proceedings

 

X

Romano v. Romano

, 632 So.2d 207 (Fla. 4th DCA 1994

extraordinary contribution to the marriage

X

 

Russ v. Russ

, 576 So.2d 414 (Fla. 3d DCA 1991)

lack of liquidity

 

X

Webb v. Webb

, 636 So.2d 883 (Fla. 3d DCA 1994)

To set-off amount owed to wife by husband as temporary support or because of wife's lesser capacity for self-support.

 

 

X

Spielberger v. Spielberger

, 712 So.2d 835 (Fla. 4th DCA 1998)

"Contribution to the marriage" means services over and above normal marital duties as either husband or wife.

 

 

X

Williams v. Williams

, 686 So.2d 805 (Fla. 4th DCA 1997)

where one spouse worked throughout the marriage as a homemaker and a mother, the greater contribution of income by the working spouse does not support an unequal division of marital assets without the 'requisite showing of some extraordinary services on the part of the spouse receiving the lion's share of the distribution.

 

X

Williams v. Williams

, 686 So.2d 805 (Fla. 4th DCA 1997)

Lack of candor to the court is not a factor enumerated in section 61.075(1) to justify an unequal distribution of a marital liability

 

X

Ruiz v. Ruiz

, 27 Fla. L. Weekly D1367 (Fla. 3d DCA June 12, 2002)

former husband quit his job two years before the parties separated.

 

 

X

Santiago v. Santiago

, 749 So.2d 584 (Fla. 5th DCA 2000) (concurring opinion)

 

Dissipation of assets due to gambling

X

 

Delorenzo v. Delorenzo

, 736 So.2d 805 (Fla. 2d DCA 1999)

Abusive misconduct unless that misconduct results in a dissipation of marital assets

 

X

Escudero v. Escudero

, 739 So.2d 688 (Fla. 5th DCA 1999)

shortly before the parties separated, she received $200,000 in life insurance proceeds and used the money to discharge marital liabilities, including a mortgage and lines of credit on other properties

 

X?

Link v. Link

 

, 897 So.2d 533, 30 Fla. L. Weekly D645a (5th DCA, March 4, 2005) (but presumption discussion may make decision questioned)