In its final judgment dissolving the Lifts’ marriage, the trial court awarded each party a fifty percent interest in the wife’s veterinary business, the marital home, and all other assets (except the parties’ six cats, which were awarded to the wife), and ordered that the marital home be sold after the expiration of ninety days from the date of the final judgment. The court also awarded the husband permanent alimony in the amount of $3,000 per month.
In this appeal and cross-appeal, both parties correctly point out that while the final judgment tracked the language of section 61.08(2), Florida Statutes, it contained no specific findings of fact. “In fashioning an equitable distribution, a court is required to make specific written findings of fact that identify, classify, value, and distribute the parties’ assets and liabilities.” Pavese
v. Pavese,
Second, the parties correctly agree that the trial court erred in awarding each a half interest in the wife’s veterinary business, thereby forcing them to be business partners. As we have previously held, compelling former spouses to remain in business together “creates [an] intolerable
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situation.”
Novak v. Novak,
Third, the parties agree that the trial court erred in ignoring the following stipulations reached by the parties at trial: (1) The wife stipulated that the husband should be awarded the parties’ car; (2) the husband stipulated that the wife should be awarded the parties’ furniture; and (3) the husband stipulated that the wife should be awarded the veterinary business and that he would accept the wife’s valuation of the business. Because appropriately made stipulations entered into by the parties are generally binding on the court as well as on the parties, the court erred in failing to follow them.
Finally, the parties agree that the trial court could not order the sale of the marital home where neither side filed a pleading requesting that relief.
See Martinez v. Martinez,
As for the alimony award, the wife claims that the trial court also again erred in failing to make findings of fact pursuant to section 61.08(1), Florida Statutes. We agree. A trial court must support its alimony decision by including findings of fact in the final judgment.
Williams v. Williams,
Here the trial court made no findings regarding the husband’s earning ability and it is unclear whether the court imputed income to him or factored the husband’s potential earnings into the alimony award. Thus, even if permanent alimony is justified in this case, this court cannot review the appropriateness of the amount.
See Melo v. Melo,
Reversed and remanded for further proceedings not inconsistent with this opinion.
