Requirements to obtain the greatest amount of marital property in the equitable distribution in a divorce in Miami
You are thinking of getting a divorce in Miami, and you want to know what are the requirements to obtain the most marital property in a divorce, keep the most marital property, the most money. Keep reading that here I tell you all about the requirements that you must fill to obtain the greatest amount of marital property in a divorce in Miami.
In order to obtain the greatest amount of marital property in a divorce court in Miami, it is a requirement that you show that you are the most economically disadvantaged party, that your economic situation will worsen after the divorce.
In Miami, the courts will not distribute the marital property equally, but will seek to assign more marital property to the party most economically damaged by the divorce.
This is called an equitable distribution, because it tries to compensate for the disadvantages of the spouses.
Fla. Stat. § 61.075
What requirements must I meet to prove that I am the most injured party in a Miami divorce?
You will need to meet most of the following requirements:
You are required to prove your contribution to the marriage, 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 marital property to receive. Example: If you spent many years of your life as a homemaker, the court will award you more assets.
• It is a requirement that you prove your economic circumstances in which you find yourself. Since if the economic circumstances are deficient you will receive a greater quantity of matrimonial property.
• It is a requirement that you prove the duration of your marriage, a greater number of years implies a greater amount of marital property to receive.
• It is a requirement that you show that you had to interrupt some personal career or some educational opportunities because of the marriage. Since if you stopped studying because of marriage, you will receive a greater amount of matrimonial property.
• You are required to demonstrate your contribution to the other spouse's personal career or educational opportunity. Because if you show that you worked or contributed in some other way to your spouse's career, you will receive a greater amount of marital property.
• 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.
• It is a requirement that you prove your contribution to the acquisition, conservation, improvement and production of income, both of marital property and separate property, since if you demonstrate your contribution you will receive more marital property, even the separated property will be considered marital property , and you will receive a part of these as well.
• It is a requirement that you demonstrate 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 is financially feasible for the parties maintain residence until the child is emancipated or until a court of competent jurisdiction terminates exclusive possession.
• It is a requirement that you show that the other spouse has intentionally dissipated, wasted, depleted, or destroyed the marital property after the petition was filed or within the 2 years prior to the petition being filed. 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 marital property to make up for that loss.
• It is a requirement that you can demonstrate that there is 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 matrimonial property to you. However, it is up to you to show that there are just reasons why you should receive more goods.
Other circumstances that you could allege are: age, health, lack of education, lack of employment, lack of health insurance, and other disadvantages.