Legal Question in Wills and Trusts in Florida
Married in 1982, in Florida. In 1996 wife opened business 100% in her name. I contributed free time plus about $200K. Now business is profitable
1. What is my share of benefits (distributions)?
2. In a will what should my % be?
I always thought in Fla, any assets gained during marriage are 50/50
2 Answers from Attorneys
A spouse's share of marital assets is what a court decides is fair and equitable
considering all aspects of the marital estate and marriage history. Based on your
facts, you are entitled to a fair share which should be about 50%, e.g., in a divorce
action. If either spouse dies, the survivor is entitled to at least 50%, regardless of
a will, and depending on children who are minors, etc. A spouse may state in his/her
will a specific share for the survivor, but it can be rejected if it doesn't meet the
state law regarding a spouse's share of marital estate property. You may want to
discuss any specific issues with a lawyer regarding a will, trust, or other matter.
If you are divorcing, the court will determine the share of the business you are entitled to. No one is obligated to provide a certain share in a will, however, as a spouse, your have an automatic interest in the estate and cannot be disinherited unless you signed a PreNuptial Aggreement
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