Florida Divorce Appeals

A final judgment of dissolution of marriage can reshape a person's finances and family for years. When a divorce judgment rests on a legal error or findings the record does not support, Florida law allows the disadvantaged party to seek appellate review. The Law Offices of Albert Goodwin, PA handles divorce appeals throughout Florida, representing both former spouses — whether appealing a judgment or defending one. Divorce appeals are closely related to the broader family law appeals the firm handles.

Divorce Issues That Reach the Appellate Courts

Common issues raised in Florida divorce appeals include:

• Equitable distribution — appeals from the classification of property as marital or nonmarital, the valuation of assets and businesses, and the division of property and debt under section 61.075, Florida Statutes.
• Alimony — appeals concerning the type, amount, and duration of spousal support. Florida substantially revised its alimony statute in 2023, and the application of the new framework is a developing area of appellate law.
• Timesharing and parental responsibility — appeals from the parenting plan adopted in the dissolution judgment.
• Child support — appeals concerning the guidelines calculation, imputation of income, and related findings.
• Attorney's fees — appeals from fee awards under section 61.16, which turn on the parties' relative need and ability to pay.
• Marital agreements — appeals involving the validity and interpretation of prenuptial and postnuptial agreements.

The Importance of Findings

Florida law requires trial courts to make specific findings of fact to support many parts of a divorce judgment — for equitable distribution, for alimony, and for support. A judgment that lacks the required findings, or that contains findings unsupported by the record, is vulnerable on appeal. A frequent outcome of a successful divorce appeal is a reversal and remand directing the trial court to make proper findings or to reconsider an issue under the correct legal standard.

Standards of Review

The standard of review is central to a divorce appeal. The valuation of assets, the determination of need and ability to pay, and similar factual findings are reviewed for competent substantial evidence. The ultimate decisions on how to divide property or structure alimony are largely discretionary and reviewed for abuse of discretion. But whether the trial court applied the correct legal standard — for example, under the revised alimony statute or the equitable distribution statute — is a question of law reviewed de novo. Identifying the legal error embedded in a discretionary ruling is often the key to a successful divorce appeal.

The 30-Day Deadline and Enforcement During Appeal

A notice of appeal from a final judgment of dissolution must be filed within 30 days of rendition, a jurisdictional deadline that cannot be extended. Support and other obligations generally remain in effect during an appeal, and Florida Rule of Appellate Procedure 9.600 allows the lower tribunal to continue to address certain matters, such as support and timesharing, while the appeal is pending. Where appropriate, we also evaluate whether a stay of part of the judgment should be sought.

Where Florida Divorce Appeals Are Heard

Appeals from circuit court dissolution judgments go to the District Court of Appeal for the region — the Third District Court of Appeal for Miami-Dade and Monroe Counties, and the Fourth District Court of Appeal for Broward, Palm Beach, and surrounding counties.

Speak With a Florida Divorce Appeals Attorney

If your divorce judgment was based on a legal error or findings the record does not support, contact the Law Offices of Albert Goodwin, PA. Call 786-522-1411, email [email protected], or visit our contact page. Because the deadline to appeal is short and jurisdictional, please contact us promptly after the judgment is entered.