Legal Question in Family Law in Florida

Florida is not an automatic 50/50 state. His marital property would not include his share prior to the marriage but would include its increase during the time of your marriage.

Although you state Florida is a 50/50 state, Florida is, sort of. Florida is what is known as an equitable distribution state. And as such, you would be entitled to 50% of just that portion your husband realized during the course of the marriage.

Florida is an equitable distribution state. Depending on the time the 401K was in effect during your marriage would be the amount that would be considered. However, it will be offset by any 401K that you have in effect as well.

You get half of the marital portion from the date of your marriage to the date of the divorce.