I Want a Divorce and I Want Everything….Florida Divorce

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

1255559_lucky_dice.jpgFlorida divorce law allows for an equal division of marital assets when the evidence shows that the assets are, in fact, marital. For instance, if you get married, by a house together and then file divorce then the house is considered marital and you both are entitled to one-half the value or one-half the liability associated with that house. If there is a nonmarital property, meaning it was purchased before the marriage, then that is left with the person that entered the marriage with that property. However, if the property is transferred into both names during the marriage, then it can be considered marital property depending on the situation surrounding the divorce and property. See Lacoste v. Lacoste, 36 FLW D784 (Fla. 1st DCA April 14, 2011).

Florida is also a no-fault state, which means that regardless of an affair, the court is required to equitably divide the property. The only time this is not true is when you can prove that marital property or money was used to help establish and maintain the relationship or other activity (i.e. gambling) outside of the marriage. Then division is still going to occur, but it may be a 40/60 division instead of equal.

Speak with a divorce lawyer before assuming that you are entitled to everything in a divorce because understanding the process will save you money in the long run.