Divorce proceedings in Florida can be complicated, especially when it comes to dividing marital assets. One of the most important aspects to consider during this process is spousal entitlements. Understanding how these entitlements work and what factors are considered can help couples navigate the division of assets more smoothly and fairly. In this article, we will dive into the topic of spousal entitlements in Florida divorce proceedings, simplify complex information, and provide examples to help you better understand the process. Whether you are going through a divorce or simply want to learn more about the legal system, this article will provide valuable insights into the division of marital assets.

Florida Divorce Lawyer: Spousal Entitlements and Property Division

Getting a divorce can be a challenging and stressful process, especially when it comes to dividing property and determining spousal entitlements. In the state of Florida, the law requires that all marital property be divided equitably between both spouses. This means that property and assets acquired during the marriage are subject to division, regardless of who owns them.

Marital property includes all assets and debts acquired during the marriage, such as homes, cars, bank accounts, retirement accounts, and credit card debt. However, non-marital property, such as gifts, inheritances, and property owned before the marriage, may not be subject to division.

When it comes to determining spousal entitlements, Florida law recognizes two types of spousal support: bridge-the-gap and long-term support. Bridge-the-gap support is designed to assist the receiving spouse with the transition from being married to being single. Long-term support, on the other hand, may be awarded to a spouse who has been out of the workforce for a significant period of time or who is unable to support themselves due to a disability.

The court will consider a variety of factors when determining spousal entitlements, including the length of the marriage, the standard of living during the marriage, the age and health of each spouse, and the financial resources of each spouse.

Property Division Process

The property division process in Florida begins with a full disclosure of all assets and debts. Each spouse must provide a complete inventory of their assets and debts, including bank account statements, investment account statements, and retirement plan statements.

Once the inventory is complete, the court will determine the value of each asset and debt. This can be a complex process, especially when it comes to assets such as real estate, businesses, and investments. It is essential to have a skilled and experienced divorce lawyer to help you navigate the property division process.

After the value of each asset and debt is determined, the court will consider a variety of factors to determine how to divide the property equitably. These factors may include the length of the marriage, each spouse’s financial resources and earning potential, and each spouse’s contribution to the marriage.

Conclusion

Divorce can be a difficult process, but with the help of an experienced Florida divorce lawyer, you can navigate the property division process and ensure that your rights are protected. Whether you are seeking spousal entitlements or need assistance with property division, a skilled lawyer can provide the guidance and support you need to move forward.

• Marital property includes all assets and debts acquired during the marriage.
• Non-marital property may not be subject to division.
• Bridge-the-gap and long-term support are the two types of spousal support recognized by Florida law.
• The court will consider a variety of factors when determining spousal entitlements, including the length of the marriage, the standard of living during the marriage, the age and health of each spouse, and the financial resources of each spouse.
• The property division process in Florida begins with a full disclosure of all assets and debts.
• After the value of each asset and debt is determined, the court will consider a variety of factors to determine how to divide the property equitably.

For example, if a couple owns a home together and one spouse owned a vacation property prior to the marriage, the vacation property may not be subject to division, while the marital home would be subject to division.

Understanding Marital Assets in Florida: A Guide for Clients

When a couple decides to get divorced in Florida, one of the most critical aspects that need to be addressed is the division of marital assets. Marital assets are all the properties and debts that the couple has accumulated during their marriage, regardless of who acquired them or whose name is on the title.

Equitable Distribution

Florida is an equitable distribution state, meaning that marital assets are divided fairly, but not necessarily equally. The court will consider several factors to determine how to distribute the assets. These factors include:

• The length of the marriage
• Each spouse’s contribution to the marriage
• The economic circumstances of each spouse
• Whether one spouse interrupted their career to raise children
• Any intentional dissipation, waste, depletion, or destruction of marital assets

Non-Marital Assets

Non-marital assets are properties and debts that belong to only one spouse. These can include assets that were acquired before the marriage, inheritances, and gifts given to only one spouse. It is essential to identify non-marital assets and keep them separate from marital assets, as they are not subject to equitable distribution.

Valuing Marital Assets

To divide marital assets equitably, it is essential to determine their value accurately. This can be challenging, especially for assets that are not easily liquidated, such as a business or a retirement account. Appraisers may be necessary to determine the value of real estate or personal property, while financial experts may be needed to value investments or retirement accounts.

Dividing Marital Debts

Marital debts, such as mortgages, car loans, and credit card debts, are also subject to equitable distribution. The court will consider the same factors as with the assets to determine who should be responsible for paying each debt.

Conclusion

Divorce can be a complicated and emotional process, especially when it comes to dividing marital assets.

It is essential to have a knowledgeable and experienced attorney who can help you understand your rights and guide you through the process.

Contact us today to schedule a consultation and get started.

Understanding Inheritance Laws in Florida: Spousal Entitlement and Your Estate

Understanding Inheritance Laws in Florida: Spousal Entitlement and Your Estate

If you are a resident of Florida and own property, it is essential to understand the state’s inheritance laws. In Florida, when a person passes away without a will or a trust, the state’s intestacy laws dictate how their estate will be distributed.

Spousal Entitlement: One important aspect of these laws is spousal entitlement. If a person dies without a will or a trust, their spouse is entitled to a portion of the estate. The amount the spouse is entitled to depends on whether the deceased had any living descendants, such as children or grandchildren. If the deceased had no living descendants, the spouse is entitled to the entire estate. If the deceased had living descendants, the spouse is entitled to half of the estate’s value.

It is important to note that if a person is legally separated but not yet divorced from their spouse at the time of their death, the spouse is still entitled to a share of the estate. Additionally, if a person is married but their spouse is not a U.S. citizen, there may be special rules and requirements that apply to determine the spouse’s entitlement.

Intestate Succession: In Florida, if a person dies without a will or a trust, their estate will be distributed according to the state’s intestate succession laws. These laws outline the order of priority for who will inherit the deceased’s property.

If the deceased was married and had no living descendants, their spouse will inherit the entire estate. If the deceased was married and had living descendants, the spouse will receive half of the estate’s value, and the remaining half will be divided among the descendants. If the deceased was not married but had living descendants, the descendants will inherit the entire estate. If the deceased was not married and had no living descendants, the estate will go to their surviving parents, siblings, or other relatives.

Planning Ahead: To ensure that your property is distributed according to your wishes, it is important to have a will or a trust. With a will or a trust, you can specify how you want your property to be distributed and who you want to inherit your assets. This will help ensure that your property is distributed according to your wishes, rather than relying on the state’s intestacy laws.

Example: For example, if a person dies without a will or a trust in Florida and is survived by their spouse and two children, the spouse will inherit half of the estate’s value, and the remaining half will be divided between the two children. However, if the deceased had no living descendants, the spouse would inherit the entire estate.

Understanding the Concept of Unequal Distribution of Marital Assets in Florida: A Legal Overview

Marital assets are subject to distribution between the spouses upon divorce, but what happens when the distribution is not equal? This is where the concept of unequal distribution of marital assets comes in.

In Florida, the court has the discretion to distribute marital assets unequally based on several factors. The goal is to achieve an equitable distribution, which does not necessarily mean equal distribution.

Factors Considered by the Court

• The contribution of each spouse to the marriage, including contributions to the care and education of the children and services as homemaker.
• The economic circumstances of the parties.
• The duration of the marriage.
• Any interruption of personal careers or educational opportunities of either party.
• The contribution of one spouse to the personal career or educational opportunity of the other spouse.
• The desirability of retaining any asset, including an interest in a business, corporation, or professional practice.
• The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
• The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

It should be noted that these factors are not exhaustive, and the court may consider any other factor necessary to achieve an equitable distribution.

Example

For example, if one spouse has a significantly higher earning capacity than the other and was the primary breadwinner during the marriage, the court may decide to award a greater share of the marital assets to the lower-earning spouse. On the other hand, if one spouse brought substantial nonmarital assets into the marriage, the court may decide to award a lesser share of the marital assets to that spouse.

It’s important to seek the guidance of a knowledgeable family law attorney in Florida to understand your rights and options regarding the unequal distribution of marital assets.

Goodbye!