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


Asked on 8/10/07, 3:05 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: married for 3 years

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 8/10/07, 11:25 pm

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.

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Answered on 8/10/07, 3:54 pm


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