Paul Witt v. Tonya A. Witt

Summary

The Florida Second District Court of Appeal reversed and remanded a dissolution judgment because the equitable distribution scheme lacked specific findings identifying marital and nonmarital assets, liabilities, and their allocation. The court also directed the trial court to make the statutorily required findings concerning the denial of alimony and to apply the current version of the procedural alimony statute on remand.

Holdings

1. A final judgment distributing marital assets and liabilities must contain specific written findings identifying the marital and nonmarital property, assigning liabilities and property to the parties, and showing that the distribution is supported by competent, substantial evidence and the statutory factors. The judgment here was insufficiently clear and required reversal.
2. When determining or denying alimony, the trial court must make factual findings addressing the relevant statutory economic factors. The circuit court's explanation that alimony was unnecessary because the husband would make an equalizing payment and the marriage was short-term did not satisfy section 61.08.
3. Because section 61.08 is procedural in nature, the trial court should apply the current version of the statute on remand.

Questions Presented

1. Whether the final judgment's equitable distribution scheme complied with section 61.075 by containing specific findings identifying marital and nonmarital property, assigning liabilities, and supporting the distribution.
2. Whether the trial court was required to make factual findings addressing the statutory alimony factors when denying the former wife's alimony request.
3. Which version of section 61.08 the trial court should apply on remand.

Disposition

reversed_and_remanded