Legal Question in Family Law in Florida
In the state of Florida, is the wife who left over 10 years ago entitled to half of everything the husband has earned? Such as retirement fund, savings, stocks, bonds, checking and savings accounts?
2 Answers from Attorneys
The general rule is that any asset, or liability, acquired during the marriage is marital, and is presumed to 50% 50%. The Court usually uses the date the divorce was filed, as the valuation date for any marital assets and marital liabilities. However, the Court has discretion. If you have legal counsel, and can prove the marriage was effectively over as of the date of separation, I would anticipate the Court using the separation date to determine marital assets and marital liabilities.
For marital assets such as pensions, the Courts generally give the other spouse a pro-rata share based upon how long the marriage was intact.
The above information is provided without any consideration having been received, and without full knowledge of all of the facts.
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Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
Florida is an equitable division state. Since your wife left you 10 years ago there is no contribution on her part. The division of assets will be based on the time period your were cohabitating.