Unequal Earning Capacity cannot act as the sole basis for an award of unequal distribution

If one spouse does not earn the same as the other, more evidence must be needed in order to award funds. 

Florida law allows for unequal distribution of marital assets when a trial court finds it is justified based on a list of relevant factors set out in Florida Statute 61.075. These factors include, but are not limited to, the contributions of each spouse to the marriage; each spouse’s economic circumstances; desirability of retaining an asset; the contribution of each spouse to the acquisition and enhancement of an asset; and any other factors necessary to do equity and justice between the parties.  In making an award for equitable distribution the court must consider all of the factors listed in section 61.075(1)(a)-(j) in making an award for equitable distribution.

In Kyriacou v. Kyriacou, Case No. 2-D14-1915 (Fla. 2nd DCA August 26, 2015), the trial court’s decision to make an unequal distribution award was reversed where the court centered its finding around the Husband’s superior earning capacity to that of the Wife’s.  The Appellate court reversed the trial court’s decision as to the equal distribution and reasoned that wage earning ability is only one such factor and cannot be the sole basis for unequal distribution.

If you have any concerns regarding equitable distribution or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].