Marital and Non-Martial Property in a Divorce: Florida Divorce Lawyers
Marital property in Florida is anything acquired during the divorce, with money earned during the marriage and divorce. The general rule in Florida is that the court considers and divides up the marital property of the spouses and that any property acquired outside of the marriage; deemed as non-martial assets remains with the spouse that owns that property. When dividing up the marital property, the court is to divide the property equitable, and ensure that the martial property divide affords both spouses in a fair manner; unless circumstances show that an equitable distribution is not just. Florida is an equitable distribution jurisdiction, which means the jurisdiction has a presumption of a 50/50 split unless there appears to be a resolution that may be fairer with an unequal division split.
The beginning process for property division is for the court’s to determine what is and what is not marital property. Florida statutes guide the courts in determining whether a property asset is marital or non-marital, and the court’s have a wide discretion to make this determination. Florida Statute 61.075 dictates what constitutes marital property; such as, assets acquired during the marriage, Enhancement in value and appreciation of non-marital assets, Real and Personal Property held as tenants by entireties, and lastly (but not limited to) inter-spousal gifts during the marriage. Going through a divorce can be a very stressful situation for both parties involved. Florida is a no-fault state and ensures a fair and equitable distribution of property acquired within the marriage.
Seeking advice from an attorney in the beginning of your divorce case can save you from a long overhauling battle and can ensure protections of your valuable property. Call Smith and Eulo Law Firm today to discuss your options.
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