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What do Florida courts consider when dividing marital property?

| Apr 12, 2021 | Divorce

Florida family law judges apply the equitable distribution doctrine when dividing marital property in a divorce. All this means is that family law courts divide marital property in a way that is fair to both spouses in a divorce. Contrary to popular belief, the equitable distribution method does not always result in an equal split.

Judges take into account both spouses’ economic and circumstances into account when dividing their assets. For example, say a husband has no professional degrees or licenses, but his wife has a college education and enjoys a successful career. In this situation, an Ormond judge may award the husband a larger share of the marital assets because his earning capacity is not as high as that of his wife.

What are some other factors courts use to distribute property?

Earning capacity alone is not enough for courts to make the best decision in property division matters. Examples of other factors judges assess include:

  • Any contributions both spouses made to the marriage (raising the kids, etc.)
  • How long the marriage lasted before filing for a divorce
  • Whether one spouse helped the other develop a career
  • Any financial contributions both spouses made to the marital assets
  • How the couple wants to handle the family home after the divorce
  • Whether one or both spouses wasted or destroyed marital property after filing for divorce

Although you may feel relief in learning that Florida family law judges seek to divide property fairly, you may still be vulnerable to an unbalanced property settlement. An experienced divorce attorney can aid you in negotiating for a fair share of your marital assets.