Marital vs. Separate Property: Dividing Assets in Florida

When a couple gets married, any types of property earned or gained after the marriage begins are considered marital property. However, a divorce can lead to messy disputes over who gets what property. When this happen, they must seek legal assistance to divide these assets, which can be a difficult and emotionally stressful experience.

Every state takes a different approach to asset division. In Florida, courts aim to reach an equitable property division. While this often means an equal division, occasionally judges will consider evidence about the individual spouses and the nature of their marriage and make an unequal division that they believe is fair.

The only property couples need to worry about when it comes to dividing assets is marital property. This property includes most anything that the couple acquired during the marriage. This can include income, furniture, automobiles and other property. Any property each spouse came into the marriage with they may take from the marriage. Additionally, property acquired during the marriage as gifts to one spouse or property only one spouse inherited is that individual’s spouses separate property.

The line between marital and separate property can occasionally be unclear, however. For instance, if one spouse entered the marriage owning a home, but each spouse made contributions to the mortgage and maintenance of the home, this could evolve into marital property. Only property separately own and separately held will remain the property of an individual spouse. To prove that this is separate property, an individual would have to present clear and convincing proof of individual ownership.

Dividing assets in a divorce can quickly become complicated. If you need assistance, contact the Floridadivorce attorneys at the Law Office of K. Dean Kantaras right away.

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