Legal Question in Family Law in Florida

Dividing the Property

Dividing the Property

In Florida, assets and debts acquired during your marriage - called "marital assets" - will be divided "equitably" when you divorce.

But not all property is considered "marital assets":

* For example, assets you had before you married may be considered "non-marital assets" if you kept that property separated from property acquired during the marriage.

* The income produced by a separate property investment may also be non-marital property, as long as it hasn't been "commingled" - mixed together with marital property

Judges will distribute the marital assets equally, unless there is justification for an unequal distribution based on all relevant factors, including:

* The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker

* The economic circumstances of the parties

* The duration of the marriage

* Any interruption of personal careers or educational opportunities of either party

* The contribution of one spouse to the personal career or educational opportunity of the other spouse

* The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party

* The income contribution of each spouse�?� and the improvement of, or the incurring of liabilities to, marital assets and the nonmarital assets of the parties

* The desirability of retaining the marital home as a residence for any dependent child of the marriage

* Intentional wasting, depleting or destroying marital assets after filing of divorce or within two years prior to the filing of the divorce

It's important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Florida divorce lawyer can save you a lot of time and money.