| What is the Duty of the Court When It
distributes Marital Assets and Liabilities in A Contested Dissolution
Proceeding in Florida? In any contested
dissolution action where a stipulation and agreement has not been entered
and filed, any distribution of marital assets or marital liabilities must be
supported by factual findings in the judgment or order based on competent
substantial evidence with reference to the factors enumerated in FL ST
61.075, subsection (1). The distribution of all marital assets and marital
liabilities, whether equal or unequal, must 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;
(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.
FL ST 61.075 (3)
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