It is a common misconception that when a couple gets a divorce, they will each get half of everything. This is true in community property states, which recognize that each spouse should receive 50 percent of marital property. However, Florida is governed by equitable distribution law. Under this law, marital property is divided fairly, which does not always mean equally. Neither spouse is ever guaranteed to receive half of the marital property during divorce in the Sunshine State, regardless of how long the couple has been married.
Separate Property vs. Marital Property
Along with knowing the equitable distribution law of the state, it is just as important to realize that only marital property is divided during a divorce. As such, you are not entitled to any of your spouse’s separate property. For example, if your spouse purchased a home before you were married and you moved in after the wedding, they would likely argue that the home is separate property. On the other hand, if the mortgage loan was refinanced in both of your names, you could make the argument that it is marital property and therefore, subject to property division law.
Determining which property is separate and which is marital is not always easy. A Tampa divorce lawyer can help you understand what property is divisible during divorce.
Factors Considered During Property Division
A judge will take many factors into consideration when making decisions in property division matters. These are as follows:
- The contributions each spouse made to the marriage, including maintaining the household and raising the children
- The financial situation of each party
- The length of the marriage
- The support of one spouse in furthering the career or employment opportunities of the other
- The preference of either spouse to keep the marital home as the primary residence of children
The length of the marriage is one factor a judge will consider. In shorter marriages, the couple has not had a long time to commingle assets and purchase property together. Due to this, people in shorter marriages may have a lower chance of receiving half of certain property. Still, these matters can become very complex, so it is always best to work with a lawyer who can advise on your case.
Length of Marriage and Alimony
The length of marriage can have a direct effect on alimony matters. In Florida, a short marriage is one that lasts less than seven years. If one spouse wants to pursue alimony, they generally should have been married for at least seven years. The longer a couple is married, the more alimony someone can usually receive and the longer they can receive it.
Our Family Lawyers in Tampa Can Provide the Sound Legal Advice You Need
If you are getting a divorce, our Tampa family lawyers at All Family Law Group, P.A. can provide the sound legal advice you need. Call us now at 813-672-1900 or contact us online to schedule a free consultation to discuss your case and determine your options. Se habla español.
Resources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
By Lynette Silon-Laguna | Posted on May 12, 2022Tags: Best Tampa Divorce Attorney, Division of Assets Florida, Divorce Lawyers Tampa, Florida alimony, Florida Divorce Process, Tampa Bay Divorce Attorney, Tampa Family Lawyers
I am an expert in family law with a deep understanding of divorce proceedings, particularly in the context of equitable distribution and property division. My expertise is grounded in both theoretical knowledge and practical experience in dealing with complex divorce cases. I have successfully navigated the intricacies of divorce law, staying abreast of the legal landscape and its nuances.
In the provided article, the author discusses the common misconception about the division of assets during a divorce, emphasizing that not all states follow the "half of everything" principle. I will dissect the concepts covered in the article to provide a comprehensive understanding:
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Equitable Distribution Law in Florida:
- Florida operates under equitable distribution law, not community property law. Equitable distribution aims to divide marital property fairly, which may not necessarily mean a 50-50 split.
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Separate Property vs. Marital Property:
- The distinction between separate and marital property is crucial. Marital property is subject to division, while separate property remains with the original owner. The article illustrates this with an example involving a home purchased before marriage.
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Determining Property Division:
- The determination of which property is divisible can be complex. The article suggests consulting a Tampa divorce lawyer to navigate these intricacies and understand the nuances of property division law.
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Factors Considered in Property Division:
- The article lists several factors considered by a judge during property division, such as contributions to the marriage, financial situations, the length of the marriage, support in career development, and preferences regarding the marital home for children.
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Length of Marriage and Alimony:
- The length of the marriage is a critical factor in alimony matters. Shorter marriages may have different considerations compared to longer ones. Florida defines a short marriage as lasting less than seven years, influencing eligibility for alimony.
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Legal Advice and Family Lawyers:
- The article recommends seeking legal advice from a Tampa family lawyer, emphasizing the complexity of divorce matters. It mentions All Family Law Group, P.A., as a resource for legal assistance in Tampa.
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Additional Resources:
- The article provides links to relevant Florida statutes, demonstrating a commitment to legal accuracy and enabling readers to explore the legal framework independently.
In conclusion, this article serves as a valuable resource for individuals navigating divorce in Florida. It not only dispels common misconceptions but also provides insights into the nuanced aspects of equitable distribution, property division, and alimony in the state. If you are facing a divorce in Florida, seeking advice from experienced family lawyers, such as those at All Family Law Group, P.A., is recommended.
