Lord v. Lord

Summary

The Florida appellate court held that a trial court must identify, value, classify, and distribute marital and non-marital property under section 61.075, Florida Statutes, even when the parties’ marital settlement agreement requires them first to divide personal property amicably or through mediation. The court reversed orders denying the former husband’s motions to enforce the agreement, compel mediation, and compel an inventory. On remand, the trial court was directed to conduct the necessary proceedings and make written findings if the dispute was not resolved.

Holdings

1. Section 61.075, Florida Statutes (2012), required the circuit court to identify and value all marital and non-marital property and distribute the marital property; the parties' agreement to attempt a nonjudicial division did not eliminate that obligation when their efforts failed.
2. The circuit court could compel mediation, but if it declined to do so or mediation failed, it was required to conduct a hearing and make written findings identifying, valuing, and classifying the contested personal property and distributing the marital property.

Questions Presented

1. Whether the circuit court could deny the Former Husband's motions concerning unresolved personal-property distribution after the parties' nonjudicial efforts failed.
2. Whether section 61.075, Florida Statutes (2012), required the circuit court to identify, value, classify, and distribute the disputed marital and non-marital personal property.

Disposition

reversed_and_remanded