Dorworth v. Dorworth

Alimony and Equitable Distribution of marital assets and debts are tools that courts can, and often do, use to achieve equity. So long as there is competent substantial evidence supporting findings of valuation, and the required statutory findings regarding ED and alimony are made, courts have great discretion to fashion distribution and support schemes that in their opinion achieve equity. But, when valuation errors occur, especially with complicated distribution schemes, the result may require the revisiting of the entire scheme. In Dorworth v. Dorworth, the appellate court was faced with just such a situation. The trial court had made an error (conceded to the Former Wife) in establishing the value of a large marital debt. So the case was remanded for the trial court to reconsider and recalculate the distribution plan using the correct figure. The case was also remanded because the durational alimony award was not adequately clear as to expenses and income, including the incorrect debt valuation. The trial court was ordered to reconsider alimony awards (including a lump sum alimony award) and other orders in the final judgment that were based on the incorrect debt amount and to the extent that alimony or other awards may be used to balance inequities resulting from asset or liability division.

Dorworth v Dorworth