Legal Question in Family Law in Florida
married for 3 years
i am in the proccess of a divorce, i am a realtor, i have 2 contracts pending that went pending during my marriage. wife believes she is entitled to this income, however it is not income, it is speculative, could fall through anytime. would she be entitled to it and how would you equitably distribute something that is not distributable
2 Answers from Attorneys
Re: married for 3 years
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Anything earned during the course of the marriage including commissions from the sale of real estate. You cannot postpone the sales just to avoid splitting the commissions. The court will probably find that she is entitled to a share on any pending sales.
Scott R. Jay, Esq.
Re: married for 3 years
Any claim that was earned or accrued during the marriage is generally considered marital. Anything like accounts receivables, commissions, etc. is normally part of equitable distribution.