Going through a divorce is a stressful time, adding to that stress, the question of how to divide what you and your spouse have both worked so hard to build. Throughout a marriage, property and assets merge and grow which adds to the complexity. During your time of need, our dedicated team of division of property lawyers can provide much needed guidance.
One of the most frequently asked question our attorneys receive is: What is the considered marital and separate property?
In most instances, property acquired during the marriage is considered marital property. Even if an asset was kept in your spouse’s name, it is still treated as marital property if acquired during the marriage. However, this does not always mean property division resulting in an even 50/50 distribution.
Property is considered separate if it was acquired prior to the marriage or was a gift or inheritance during the marriage. Keep in mind this does not include gifts from the other spouse.
Florida judges consider many factors when determining property division in Florida. These are a few of the more common factors:
- Income and earning potential
- Duration of the marriage
- Contributions or sacrifices made for the other spouse’s education or job
- Debts and assets
- Physical and mental health
The division of property process is complicated, do not try to navigate these complex waters alone. Trust the experienced team of attorneys at Florida Women’s Law Group. We are committed to providing you a positive experience all while seamlessly handling the meticulous details.