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An equitable split: Examining property division in Florida

When it comes to the various issues that must be resolved in a divorce, the one that is typically of paramount importance to both spouses is child custody. However, the issue that frequently occupies the second slot -- or the first if the couple has no children -- is the division of property.

This makes sense when you stop to consider all that is at stake -- money, personal property, real property, benefits, etc. -- and the effort put forth by both spouses over the years to build their collective wealth.   

Florida's property division system

Florida is an equitable division state. What this means is that unlike community property states where marital property is automatically divided 50-50, the division of property is accomplished in a more fair or evenhanded manner.

Specifically, while state courts frequently do end up holding that what is truly equitable is a 50-50 split of martial assets, they are nevertheless free to deviate from an equal division after considering some of the following factors:

  • The economic circumstances of each spouse
  • The duration of the marriage
  • The interruptions to the career or education of either spouse
  • The contributions made by one spouse to the career or education of the other spouse
  • The contributions made by each spouse to the improvement of marital assets
  • The intentional destruction or waste of marital assets in the wake of the divorce filing or the two years preceding it

We'll continue examining more about property division in Florida in future posts. In the meantime, please consider speaking with an experienced legal professional if you have questions about this complex issue or the divorce process in general.

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Frank Family Law Practice
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