Husband Argues Trial Court Abused Its Discretion When Unequally Dividing Mortgage Debt

Florida is an equitable distribution state. That means assets and liabilities (debts) are divided according to what is fair and equitable and not (necessarily) evenly. In community property states, assets and debts are divided evenly regardless of what is fair or equitable. In many cases, the Florida courts will award more of the marital estate to a lower-earning spouse when there is a major difference between the incomes of the two spouses. This includes assigning more of the debt to the higher-earning spouse.

In one Florida case, Pringle v. Pringle, the trial court assigned the mortgage debt to the husband. The husband appealed the ruling arguing that the trial court abused its discretion.

Equitable distribution under Florida law 

Florida law allows for the unequal distribution of marital assets and debts. However, there is a presumption in favor of equal distribution. In other words, the Florida courts will default on splitting the marital estate unless there is a good reason not to. The factors that the court is allowed to consider when unevenly distributing the marital estate can be found in Florida Statutes § 61.075.

Generally speaking, the guidelines for unequally distributing the marital estate are economic ones. In other words, the court considers the finances of both parties. However, the court can also consider certain types of misconduct that occurred during the marriage.

In Pringle v. Pringle, the trial court found that the intentional conduct of the former husband warranted an unequal distribution of the marital estate. Specifically, the former husband threw his wife out of the marital home which resulted in her having to pay for a new place to live while simultaneously depriving her of the right to collect rent from third parties that the husband allowed to live there.

The husband attempted to argue that the trial court abused its discretion when assigning him the remainder of the mortgage debt. However, the appeals court disagreed and found that the husband’s intentional conduct merited an unequal distribution of the debt.

Factors the court considers under equitable distribution in Florida

While Florida courts will presume that the best way to divide a marital estate is to split it in half, there are several factors that the court can consider when making the decision to divide the marital estate unequally. These include:

• Contributions to the marriage by both spouses
• The economic circumstances of the parties
• The duration of the marriage
• Any interruption to the spouses’ careers or educational opportunities
• The desirability of retaining any asset, including interest in a business, intact and free of competing claims
• The contribution of each spouse to the production of income or debt
• The desirability of retaining the marital home as a residence for any dependent child
• The intentional dissipation of marital assets
• Any other factors necessary to do equity and justice between the parties

Talk to a Tampa, FL Family Law Attorney Today 

Faulkner Law Group, PLLC represents the interests of divorcing couples in Tampa, FL. Call our Tampa family lawyers today to schedule an appointment, and we can begin advocating on your behalf right away.