Equitable Distribution of Marital Assets and Liabilities

Marital Assets and Liabilities Part 1 of 15 | Divorce Attorney Fort Myers/Naples

Starting Point – Factual Findings §61.075(3)

The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following:

1. Clear identification of nonmarital assets and ownership interests;
2. Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each;
3. Identification of the marital liabilities and designation of which spouse should be responsible for each liability;
4. 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

• the trial court erred in valuing the wife’s jewelry at $10,000 and distributing that amount to her as part of her share of marital assets where the only testimony as to the value of the jewelry came from the husband and concluding that the husband’s “unsupported opinion as to the value of the jewelry that was not definitively described is not sufficient to warrant the distribution of that amount to the wife. Lassett v. Lassett, 768 So.2d 472, 474 Fla. 2d DCA 2000).

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