Category Archives: division of property
How Long Do You Have To Be Married In Florida To Get Half?
It is a common misconception that when a couple gets a divorce, they will each get half of everything. This is true in community property states, which recognize that each spouse should receive 50 percent of marital property. However, Florida is governed by equitable distribution law. Under this law, marital property is divided fairly,… Read More »
Who Gets The House in a Florida Divorce?
The divorce process in Florida involves many different processes. One of the most contentious is dividing property. Property division hearings are some of the most stressful for people, as they imagine what belongings they may lose. Of all the assets people are concerned about, one of the biggest is the marital home. A home… Read More »
How Are Assets Divided In A Florida Divorce?
Dividing assets during divorce is sometimes very challenging. When significant assets are involved, or the divorce is very contentious, it becomes even more complicated. If you are getting a divorce in Florida, it is critical that you know how assets are divided so you know what to expect and so you can try to… Read More »
Marital vs Non-Marital Assets In Divorce?
Generally speaking, only marital assets are divided in a divorce. In the simplest terms, marital property includes any assets or liabilities acquired by the couple during their marriage. Separate, or nonmarital, assets are those that one person brought into the marriage with them. In the simplest of cases, determining what assets are marital and… Read More »
What Happens To Pets In A Florida Divorce?
Pets are a part of the family, whether you own a dog, cat, fish, turtle, or another type of animal. Unfortunately, in a Florida divorce, pets are not considered part of the family. Rather, they are considered property. That means that when the divorce process is complete, only one spouse will own the pet… Read More »
Can Assets Be Distributed Before a Divorce Is Final?
The repercussions of divorce do not wait for the court’s decree before exerting a substantial impact on the lives of each spouse. Once the decision to end the marriage is made, immediate consequences follow that influence all aspects of the couple’s life, from living arrangements to finances and parenting. This fallout can be particularly… Read More »
The Complexities of Dividing a Business in Divorce
Sole proprietors and small entrepreneurs make up a significant percentage of the workforce in this country, and many of these businesses were both created during and benefited from contributions from a spouse and/or marriage generally. In divorce, the law requires couples to divide their assets, absent an agreement otherwise, and businesses are included in… Read More »
Options for Dividing a Timeshare in Divorce
The types of property a couple may accumulate during marriage can vary widely. While most couples will own a family home, some also have interests in other types of real estate. If divorce occurs at some point in a marriage, a division of marital property is generally required, including real estate interests. However, some… Read More »
The Complications of Dividing Public Pensions in Divorce
Dividing property in divorce, particularly benefits that have not vested, and thus, will not be directly payable until a later date, present severe challenges. Spouses seeking divorce are expected, and, in most cases, required, to equitably divide marital property, unless a premarital agreement says otherwise. Spouses can disagree over which assets and liabilities should… Read More »
Home Equity Lines, Mortgages, and Divorce
Distinguishing and separating financial obligations are one of the most difficult parts of divorce. The longer a couple is married, the harder it is to figure out when and how many items of property were acquired or which funds were used to maintain them. Family homes and real estate in general is particularly tricky… Read More »
