Factors The Judge Should Consider

Each of the aforementioned factors do not apply to every single case. Some factors
are more important and others are less important depending on the facts of a particular case.
It is hopeful that we can work out a negotiated settlement regarding equitable distribution.
Most cases are resolved through a settlement. However, if we cannot settle and we have to
litigate those issues, the trial court is mandated to make certain specific findings of fact. It will
be helpful to start organizing the facts regarding what the court has to find. Those findings of
facts are founds in Florida Statute 61.075(3)(1) and are as follows:

  • (a) Clear identification of non-marital 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;
  • (c) Identification of the marital liabilities and designation of which spouse shall be
    responsible for each liability;
  • (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.

About the Author

Stephen Butter