When you’re waiting on a final judgment in your divorce, it’s natural to focus on the bottom line: How much alimony will I pay or receive? How will the house, the retirement accounts, and the savings actually get split? But a recent decision from Florida’s Third District Court of Appeal is a reminder that the bottom line isn’t the only thing that matters. The judge also has to show the math, and if a final judgment awards alimony or an unequal division of marital assets without explaining why, that judgment can be reversed. That’s exactly what happened in Estrada v. Garcia, 427 So. 3d 1208 (Fla. 3d DCA 2026), and it’s exactly the kind of issue a Tampa divorce lawyer should be watching for in your case before a judgment is ever signed.
In Estrada, the Third DCA reversed a final judgment that had granted both alimony and an unequal distribution of marital assets, specifically because the trial court failed to include the written findings of fact that Florida law requires to support those awards. Judge Stacy D. Glick’s opinion for the court didn’t necessarily say the outcome itself was wrong. It said the trial court skipped a required step: explaining, in writing, the reasoning behind the numbers.
If you’re currently going through a divorce in the Tampa Bay area, particularly one involving alimony or a request for an unequal split of marital property, this case is worth understanding. It illustrates a principle that shows up again and again in Florida family law: a judge’s discretion is real, but it isn’t unlimited, and it isn’t unreviewable. Below, we’ll walk through what happened in Estrada v. Garcia, why the reversal matters, and what practical lessons it offers for anyone navigating alimony or asset division in Florida right now.
What Happened in Estrada v. Garcia? A Plain-English Case Summary
Estrada v. Garcia reached the Third District Court of Appeal after a trial court entered a final judgment of dissolution of marriage that included two significant financial components: an award of alimony to one spouse, and an unequal distribution of the couple’s marital assets, meaning the property wasn’t split 50/50, but instead divided in some other proportion favoring one party.
On appeal, the reviewing court found that the trial court’s final judgment didn’t include the specific written findings of fact that Florida law requires to support either of those two things: an alimony award or a departure from equal distribution of marital property. As a result, the Third DCA reversed the judgment as to those awards.
It’s important to be precise about what this reversal does and doesn’t mean. The appellate court didn’t necessarily rule that alimony was unwarranted, or that an equal division of assets was the only permissible outcome. What it ruled is that the trial court’s judgment, as written, didn’t do what Florida law requires: lay out, in the judgment itself, the specific factual findings that justify awarding alimony and departing from an equal split of marital property. Without those findings, the appellate court has no way to evaluate whether the trial court’s decision was a reasonable exercise of discretion or not, and Florida law doesn’t allow that gap to go unaddressed. The case was sent back to the trial court, presumably to either enter the required findings if they can be supported by the record, or reconsider the awards.
As with other recent appellate rulings we’ve discussed, the underlying facts about the parties, their incomes, the length of the marriage, or the specific assets involved aren’t part of the brief published record we’re relying on here, and we won’t speculate about them. What’s clear, and what matters most for Florida families, is the legal principle at the center of the case: alimony and unequal distribution awards have to be backed up by specific, written findings, not just a bottom-line number.
What the Court Decided — and Why It Matters
To understand why Estrada is significant, it helps to understand what Florida law actually requires when a court awards alimony or distributes marital property unequally.
Why Written Findings Matter in Alimony Cases
Florida Statute § 61.08 governs alimony and requires courts to consider a specific list of factors before awarding it, including the standard of living established during the marriage, the length of the marriage, the age and physical and emotional condition of each party, each party’s financial resources, each party’s earning capacities, education, and employability, the contributions each party made to the marriage, and several other statutory factors.
Florida law doesn’t just require a judge to weigh these factors informally. It requires the final judgment to include specific findings addressing them, particularly the statutory factors that support the type, amount, and duration of any alimony awarded. This requirement isn’t a technicality. It exists so that both parties, and any reviewing appellate court, can actually see why the judge reached the conclusion they did. If a judgment simply states an alimony figure without connecting it to the statutory factors, there’s no way to know whether the award reflects a careful application of the law or an arbitrary number.
Why Written Findings Matter for Unequal Distribution
The same logic applies to equitable distribution of marital assets. Florida Statute § 61.075 sets out the framework for dividing marital property in a divorce, and it establishes a starting presumption that assets should be divided equally between the spouses. A court can depart from that equal split, but only when it identifies specific factors that justify doing so, such as the contribution of each spouse to the marriage, the economic circumstances of the parties, the duration of the marriage, or any interruption of personal careers or educational opportunities. Just as with alimony, the statute requires the final judgment to include written findings identifying which factors support any unequal distribution.
In other words, an equal 50/50 split is the default under Florida law. If a judge decides to award one spouse more than half of the marital estate, the judgment has to explain, specifically and in writing, why that departure from the default is justified.
Why Appellate Courts Enforce This Requirement Strictly
Florida’s appellate courts, including the Third District, have consistently and repeatedly reversed final judgments that award alimony or unequal distribution without the required findings, and Estrada v. Garcia fits squarely within that established pattern. This isn’t a new or unusual outcome; it reflects a well-settled area of Florida family law. The reason appellate courts are strict about this requirement is straightforward: without written findings, there’s no meaningful way to review whether a trial court’s decision was justified. The findings requirement is what makes trial court discretion accountable, rather than unreviewable. A judge can have broad discretion to weigh the statutory factors and reach a reasoned conclusion, but that discretion has to be documented, not simply exercised behind closed doors and announced as a final number.
This matters enormously for the parties involved. Alimony and asset division decisions shape a family’s financial future for years, sometimes decades. When those decisions aren’t grounded in explicit, reviewable reasoning, the losing party is left without a meaningful way to understand, or challenge, how the outcome was reached. The findings requirement exists to prevent exactly that.
What “Reversed” Means in This Context
Unlike some of the “affirmed in part, reversed in part” outcomes we’ve discussed in other case summaries, Estrada v. Garcia resulted in a straightforward reversal as to the alimony and unequal distribution awards. That means those specific portions of the final judgment don’t stand as originally written. The case goes back to the trial court, which will need to either support its award with the required findings, assuming the record can support them, or revisit the award itself. This is a meaningfully different outcome than a full reversal of the entire divorce judgment; other provisions, like timesharing arrangements or issues not on appeal, would generally remain unaffected. But for the parties involved, the alimony and property division questions are, at least for now, back on the table.
Practical Takeaways for Anyone Facing Alimony or Asset Division in Florida
So what does this mean if you’re currently negotiating alimony or property division in your own Florida divorce? Here are the practical lessons from Estrada v. Garcia.
1. Don’t Just Look at the Number — Look at the Reasoning
If you’re reviewing a proposed final judgment, or if you’ve already received one, don’t focus solely on the dollar figures for alimony or the percentage split of marital assets. Ask whether the judgment actually explains why those figures were reached. Does it reference the statutory factors under Florida Statute § 61.08 for alimony, or Florida Statute § 61.075 for unequal distribution? If a judgment simply states a result without connecting it to the law, that’s a red flag worth raising with your attorney before the case moves forward, or worth appealing if the judgment has already been entered.
2. Understand That Equal Distribution Is the Starting Point
If you’re anticipating, or requesting, an unequal division of marital assets, know that Florida law starts from a presumption of a 50/50 split. Departing from that default isn’t impossible, but it requires solid evidence and, if a judge grants it, specific written findings tying that departure to recognized statutory factors. If you’re the party requesting unequal distribution, make sure your case, and your attorney’s presentation of it, builds a clear record on those factors from the outset. If you’re on the other side, and you believe an unequal award isn’t justified, this is exactly the kind of issue worth raising at trial and, if necessary, on appeal.
3. Build a Strong Factual Record at Trial
Appellate courts review the findings a trial court actually makes, but those findings have to be grounded in evidence presented at trial. This means the responsibility doesn’t rest entirely on the judge. Parties and their attorneys need to make sure the necessary evidence, on income, on financial need, on contributions to the marriage, on the length of the marriage, on economic circumstances, is actually in the record. A trial court can’t make specific findings about facts nobody presented. If you’re heading toward a trial on alimony or property division, work with your attorney to make sure the evidentiary groundwork is thorough enough to support whatever outcome you’re seeking.
4. Know That a Reversal Isn’t Necessarily a Final Win
If you’re on the winning side of an appeal like this one, it’s worth understanding that a reversal for lack of findings doesn’t automatically mean you’ll get a better outcome on remand. It means the trial court has to go back and either support the original award with proper findings, if the record allows it, or reconsider the award. Depending on the facts, the trial court may reach the same result the second time, just with the required explanation included. An appeal on this basis is about ensuring the process is followed correctly, not necessarily guaranteeing a different bottom line.
5. Review Final Judgments Promptly
Florida’s deadline to file a notice of appeal is generally 30 days from the entry of a final judgment. If you believe your judgment lacks the required findings to support an alimony or unequal distribution award, time is of the essence. Don’t wait to raise the issue. Speak with a Florida divorce attorney as soon as possible after receiving a final judgment you believe is deficient, so you don’t lose the opportunity to challenge it.
6. Remember This Principle Applies Broadly
While Estrada specifically involves alimony and unequal distribution, the underlying principle, that significant financial awards need to be supported by specific written findings, shows up elsewhere in Florida family law as well, including in some child support deviations and other discretionary rulings. If any part of your final judgment departs from a statutory default or formula, it’s worth asking whether the judgment explains why, in writing, with reference to the relevant legal factors.
Alimony, Unequal Distribution, and the Bigger Financial Picture
Cases like Estrada v. Garcia are a good reminder that marital asset division and alimony determinations are two of the most consequential financial decisions made in any Florida divorce, and they deserve careful attention throughout the entire process, not just at the finish line. Whether you’re negotiating a marital settlement agreement or heading toward a contested trial in Hillsborough County, the strength of your factual record, and the precision of the final judgment itself, can make the difference between an outcome that holds up and one that ends up back in litigation months or years later.
This is one of the reasons it’s so important to work with an attorney who understands not just the substantive law, but the procedural requirements that make a judgment durable. A number that sounds fair in the moment isn’t worth much if the judgment supporting it doesn’t meet the legal standard required to survive an appeal.
Why This Matters for Divorcing Spouses in Hillsborough County
If you’re going through a Hillsborough County divorce involving alimony or a request for unequal distribution of marital property, Estrada v. Garcia underscores something worth keeping in mind throughout the process: the reasoning behind your final judgment matters just as much as the numbers themselves. Florida’s appellate courts have made clear, repeatedly, that they expect trial courts to document their reasoning when awarding alimony or departing from equal distribution, and they will reverse judgments that fall short of that standard. Working with an attorney who understands this requirement, and who builds your case with it in mind from the very beginning, can help ensure your final judgment is built to last.
Let a Tampa Divorce Lawyer Help You Build a Judgment That Holds Up
Alimony and property division are often the most financially significant parts of a Florida divorce, and getting them right the first time matters. A final judgment that doesn’t include the findings Florida law requires can leave both parties facing additional litigation, additional expense, and additional uncertainty, all things you’re likely hoping to avoid. The team at The McKinney Law Group understands what Florida law requires to make an alimony or asset division award durable, and we work to build the strongest possible factual record throughout your case, not just at the final hearing.
If you’re searching for a Tampa divorce lawyer who understands both the substance and the procedure behind a lasting, defensible final judgment, we encourage you to reach out. Let us help you navigate alimony and marital asset division with the care and precision your family’s financial future deserves.
Frequently Asked Questions
1. What are “required findings of fact” in a Florida divorce judgment? They’re the specific, written explanations a trial court must include in a final judgment to justify certain awards, such as alimony or an unequal distribution of marital assets. These findings connect the judge’s decision to the statutory factors Florida law requires the court to consider.
2. Does this ruling mean the alimony award in Estrada v. Garcia was wrong? Not necessarily. The Third DCA reversed because the required findings were missing from the judgment, not necessarily because the underlying award was substantively incorrect. The case was sent back so the trial court could address the missing findings.
3. Is equal distribution of marital assets required in every Florida divorce? Florida law starts with a presumption that marital assets should be divided equally, but a court can order an unequal distribution when specific statutory factors justify it, and the judgment must include written findings explaining that decision.
4. What factors does a Florida court consider when awarding alimony? Factors include the standard of living during the marriage, the length of the marriage, each party’s age and health, financial resources, earning capacity and employability, and contributions made to the marriage, among others outlined in Florida Statute § 61.08.
5. What happens after a case like this is reversed and sent back to the trial court? On remand, the trial court typically must either enter the required findings, if they can be supported by the existing trial record, or reconsider the award itself. This doesn’t necessarily change the final outcome, but it ensures the decision is properly documented and reviewable.
6. How long do I have to appeal a final judgment in a Florida divorce? Generally, a notice of appeal must be filed within 30 days of the final judgment. If you believe your judgment is missing required findings, it’s important to consult an attorney promptly to preserve your right to appeal.
7. Should I be concerned if my proposed final judgment doesn’t explain the alimony or asset division numbers? It’s worth raising with your attorney before the judgment is entered. Since Florida law requires specific written findings for alimony and unequal distribution awards, a judgment that skips this step may be vulnerable to a later challenge, which can prolong the case and add unnecessary cost and stress.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group Family & Divorce Lawyers, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.