Can Your Ex Take Decades to Pay You Your Share of Marital Property?

Dividing property in a Miami divorce does not always mean splitting every asset in half. One Miami spouse may keep a valuable asset, such as the marital home, while the other spouse receives an equalization payment to help make the overall property division fair.

But what happens if your former spouse cannot pay that money all at once? Can a Florida divorce court allow them to make payments for decades?

A recent Florida appellate case addressed this very issue. Here we discuss what happened in the case, what the court decided, and how an experienced Miami divorce attorney can help protect your financial interests during your Miami divorce case.

A Florida Divorce Court Ordered Payments of $300 Per Month

In Johnson v. Johnson, the former husband and former wife each received real property as part of their divorce. Because the resulting property distribution was unequal, the trial court ordered the former wife to make an equalization payment to the former husband.

After an offset for attorney’s fees, the former wife owed the former husband $121,299.50. The court found that she could not afford to pay the entire amount at once and declined to require her to refinance or sell assets. Instead, the court ordered her to pay $300 per month until the obligation was satisfied. At that rate, however, it would take approximately 33 years and nine months for the former husband to receive all of the money. He was 50 years old and would be approximately 84 when the final payment was made.

The Florida Appeals Court Said Nearly 34 Years Was Too Long

Under Florida law, a court may order an equalization payment in a lump sum or installments. This gives courts flexibility when dividing marital property.

However, that flexibility has limits. The Fourth District Court of Appeal reversed that part of the divorce judgment. The court explained that a payment structure should not prevent a spouse from receiving a meaningful and timely realization of their share of the marital estate.

Does an Equalization Payment Have to Be Paid All at Once?

The court made clear that not every equalization payment must be made in one lump sum. Installments may be appropriate. The Johnson court also discussed several possible alternatives, including a shorter payment period, a lump-sum payment after several years, payment from the sale of assets, or allowing the amount owed to be reduced to a judgment.

The important point is that a payment plan must fairly divide the marital estate without making one spouse wait an unreasonable amount of time to receive their share.

A Miami Divorce Attorney Can Help Protect Your Financial Interests

Property division can have financial consequences that last long after a Miami divorce is final. It is therefore important to consider not only which assets each spouse receives, but also how any money owed between the spouses will actually be paid. An experienced Miami divorce attorney can help identify and value marital property, evaluate a proposed property division, address equalization payments, and advocate for payment terms that protect your financial interests.

The experienced Miami divorce attorneys at TNL MIAMI help individuals in Miami navigate complex divorce and property division issues. Contact TNL MIAMI today to discuss your case with an experienced Miami divorce attorney.

Source:

law.justia.com/cases/florida/fourth-district-court-of-appeal/2026/4d2025-1653.html