Saturday, November 10, 2012

Marital Property and Equitable Distribution

    What is Marital Property? Marital Property is all income, property, and possessions acquired during the span of a marriage. Upon the dissolution of marriage, marital property will be divided among spouses.  Property acquired before the marriage, will remain as non-marital property at the time of the divorce unless it has been co-mingled during the marriage.

     Florida distributes all property in a divorce through equitable distribution. This means that all marital property will be dispersed evenly between the two spouses at the time of their divorce. Florida State Statute adheres to this principle, unless justification can be provided to permit an unequal distribution judgment. Factors that may contribute in determining asset distribution:

  •          Length of marriage
  •           Financial circumstances of each spouse
  •           The contributions to marital assets made by each spouse during the marriage
  •           Any other relevant factors in determining appropriate distribution

This list may not be inclusive based on individual circumstances.

1 comment:

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