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Court Reverses Divorce Judgment As To Errors In Calculation Of Equitable Distribution

March 23, 2016 by  
Filed under Uncategorized



In Neiditch v. Neiditch, the Fifth District Court of Appeals for the State of Florida reversed those portions of a divorce judgment related to equitable distribution of marital debts and assets that contained mathematical errors.  The Court ruled that it was error to (1) require the former husband to repay half of loan from the former wife’s thrift savings plan where the former wife received all the payments; (2) include the full value of automobile awarded to former husband as an asset of the former husband where the automobile had an outstanding loan balance greater than its value; and (3) order the former husband to make an equalization payment of the full amount of the difference between the net marital estate awarded to the former husband and the net marital estate awarded to the former wife where one-half of the difference would have equalized the distribution.



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