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A Family Law Firm
  • Deena Soliman Braun

Title: Navigating Property Distribution in a Dissolution of Marriage in Florida

Introduction: Divorce, while emotionally challenging, often involves the division of marital property, which can add another layer of complexity to the process. Understanding how property distribution works in a dissolution of marriage in Florida is crucial for anyone going through this legal procedure. In this blog post, we'll delve into the key aspects of property distribution in Florida divorces, offering insights and guidance to help you navigate this aspect of the dissolution process with confidence.

1. Understanding Equitable Distribution: In Florida, marital property is subject to equitable distribution, which means it is divided fairly, though not necessarily equally, between the spouses. This approach aims to ensure that each party receives a fair share of the marital assets and liabilities based on various factors, including the duration of the marriage, each spouse's financial circumstances, and contributions to the marriage.

2. Identifying Marital and Non-Marital Property: One of the first steps in property distribution is distinguishing between marital and non-marital assets. Marital property typically includes assets acquired during the marriage, such as homes, vehicles, income, retirement accounts, and investments, regardless of whose name is on the title or account. Non-marital property, on the other hand, generally consists of assets acquired before the marriage, inheritances, gifts, and assets designated as non-marital through a prenuptial or postnuptial agreement.

3. Factors Considered in Property Distribution: When dividing marital property, Florida courts consider various factors to determine what is equitable, including:

  • The contributions of each spouse to the marriage, both financially and non-financially.

  • The economic circumstances of each spouse, including their income, earning potential, and financial needs.

  • The duration of the marriage and the standard of living established during the marriage.

  • Any interruptions in career or education that affected a spouse's earning capacity.

  • Contributions to the education or career advancement of the other spouse.

  • The desirability of retaining certain assets, such as the marital home, for the well-being of any children involved.

4. Negotiation and Settlement: In many cases, spouses can negotiate a property settlement agreement outside of court through mediation or collaborative law. This approach allows them to have more control over the outcome and can often result in a more amicable resolution. By working together with the assistance of legal professionals, spouses can tailor a property distribution plan that meets their needs and preferences.

5. Court Intervention: If spouses are unable to reach a mutually acceptable agreement on property distribution, the court may intervene and make decisions on their behalf. In such cases, a judge will consider the same factors mentioned earlier to determine a fair and equitable distribution of marital assets and liabilities. While court intervention may be necessary in some situations, it can lead to a less predictable outcome and may result in higher legal fees and emotional stress.

Conclusion: Property distribution in a dissolution of marriage in Florida involves various considerations and can significantly impact the financial well-being of both parties. By understanding the principles of equitable distribution, identifying marital and non-marital assets, and considering negotiation options, spouses can work towards a fair and satisfactory resolution. Whether through negotiation or court intervention, seeking guidance from experienced legal professionals can help streamline the process and ensure that your interests are protected throughout the property distribution process.

How is property distributed in Florida
Distribution of Property


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