Life is not always sunny in Florida — in fact, rainstorms are not uncommon. In the same way, marriage can feel like a blessing and a burden at times. If you are like many married individuals, you may feel that now is as good a time as any to end your marriage and finally move on with your life.
Getting a divorce, however, can be both emotionally and financially difficult. When it comes to the financial aspect of divorce, an area that may especially cause conflict between you and your future ex-spouse is property division. Here is a glimpse at how this matter is handled in the Sunshine State.
Florida property division
Florida uses the equitable distribution system during divorce. This means that your divorce court judge will split your property in a manner that he or she feels is fair. The result may be a split that is not necessarily equal.
The court will consider several factors when determining how to split your and your spouse’s property:
- The contribution that you and your spouse made to your marriage (this includes contributions made to care for your children and provide homemaking services)
- How long your marriage lasted
- Both your and your spouse’s economic circumstances
- Any interruptions of educational opportunities or personal careers that you or the other party experienced
- If you or the other party contributed to each other’s educational opportunity or personal career
The court will also look at the contribution that you and your spouse made to acquiring and enhancing your marital or non-marital assets, as well as any debt you and/or your spouse incurred during the marriage.
Your rights during divorce property division in Florida
If you and your future ex-spouse can see eye to eye on how to divide your property, you can avoid further court intrusion. Rather than going to trial, you can work toward a settlement agreement that satisfies both of you. This usually results in less conflict than you would experience in divorce trial.
However, if you and the other party cannot agree on how to split your property, you must go to trial to have a judge do this for you. Whether you resolve your property division issues outside of court or go to trial, you have the right to pursue the most personally favorable financial outcome considering the circumstances of your divorce in Florida.