Just Because You’re Separated Doesn’t Mean Your Property Is!

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by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Just because spouses separate does not mean that their finances are now considered to be separate by a court in Florida. In Florida, if you are acquiring assets or liquidating assets while you are separated, you must be very careful that they are not marital ones or you could become liable to your spouse to repay your spouse’s share of the asset or to divide the asset with your spouse. I read a case where a woman had been separated from her husband for 22 years and neither party ever filed for divorce during that time. During the period of separation, the woman bought a house. When the time came to finalize the divorce, the woman’s husband had a 50% interest in the house as she had purchased it during the marriage. Please call our firm if you have questions regarding division of property.