Who Will Receive More Assets In A Florida Divorce?
Who Will Receive More Assets In A Florida Divorce?
You want to know who will receive the most marital property in a Florida divorce? What factors does the court take into account to assign more assets to one of the spouses? Who Will Receive Less Assets in a Florida Divorce?
Knowing how the judge will divide the marital property is important to obtaining a successful divorce in Florida. This allows you to show the court the reasons why you should receive more assets than your spouse.
That is why here I will leave everything about what reasons exist in Florida to give more assets to one of the spouses.
Will the court deliver half of the marital property to each spouse in Florida?
In a Florida divorce the court will not necessarily divide the marital property equally.
Will the court consider the misconduct of one of the spouses in dividing the marital property in Florida?
In Florida, the court does not consider marital misconduct when dividing marital property. This means that if you are the guilty spouse you may still receive more assets, and if you are the innocent spouse that does not mean that you are the one who receives more assets.
On what basis does the court perform the division of marital property in Florida?
The court will divide the marital property according to what it deems fair.
What does the court rely on to make a fair division of marital property in Florida?
In Florida, the court considers ten factors to make a fair division of marital property. Which of the spouses will receive more marital property will depend on these factors. The factors for fair division are as follows:
- The contribution to the marriage of each spouse, including contributions to the care and education of children and services as a homemaker. This means that the greater the contribution, the greater the amount of goods to be received. Example: If you spent many years of your life as a homemaker, the court will award you more assets.
- The economic circumstances of the parties. This means that if your financial circumstances are poor, the court will award you more assets.
- The duration of the marriage. This means that if you invested many years of your life in the marriage, you will receive a greater amount of assets. However, if the marriage only lasted a short time, the goods to be received will be less.
- Any interruption of the personal careers or educational opportunities of either party. This means that if you stopped studying, or quit your job because of marriage, the court will give you more assets.
- The contribution of one spouse to the personal career or educational opportunity of the other spouse. This means that if you had to work to help your spouse so that he could study, or you were the one who paid for your spouse's studies, or you contributed in some other way;
- The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party. This means that if you did not receive help from your spouse in any investment, the court will assign more assets to you.
- The contribution of each spouse to the acquisition, improvement and production of income or the improvement of, or incur in liabilities, both of the marital assets and of the non-marital assets of the parties. This means that if you contributed to the family business, the court will give you more assets. However, if you only contributed to debt, the court will give you less assets. Example: you acquired a large debt for a pleasure trip around the world, the court for this fact will reduce the goods to be delivered.
- The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it is equitable to do so, is in the best interest of the child or that party, and it is financially feasible for the parties to maintain residence until the child is emancipated or until a court of competent jurisdiction terminates exclusive possession. In making this determination, the court will first determine whether it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other actions would be granted by granting any other party exclusive use and possession of the marital home.
- The intentional dissipation, waste, exhaustion, or destruction of marital property after the petition is filed or within the 2 years prior to the petition's filing. This means that if your spouse began to dispose of the property so that it cannot be distributed, the court will consider that fact and you will be awarded more property to make up for that loss.
- Any other factor necessary to do justice and equity between the parties. This means that the court may evaluate other circumstances not listed here to award more assets to you. However, it is up to you to show that there are just reasons why you should receive more goods.
Finally, in order for you to obtain more assets in a Florida divorce, you will need to show that most of the above factors apply to you.