Dividing Marital Property in Collier County, Florida

What Is Marital Property In Naples, Florida?

In a Florida divorce, a couples’ assets and liabilities will be totaled and categorized as either being marital or non-marital.  Once property is identified as marital the courts will find that, upon divorce, the property should be divided equally.  Fla. Stat. Sec. 61.075(1). Non-marital property shall be assigned or left in the spouse’s name whose…

Distribution of Marital Home in Collier County, Florida

Who Keeps The House In A Naples, Florida Divorce?

In Florida, the time of the purchase of the house will often determine who keeps the marital home. If the house is purchased after the marriage with funds that either party earned after the marriage then the house will be considered marital property.  Marital property will be typically be split equally (50/50) by the courts. …

Retirement plan and divorce in Collier County

What Will Happen To My Retirement Plan, IRA or 410k In My Naples, Florida Divorce?

Florida divorce lawyers often refer to the typical client as a “W2 employee.”  This is the type of person whose income is derived from working for someone else, not a series of exotic assets like self-owned businesses or investment properties.  W2 employees typically only have two major assets: their house and their retirement accounts. Dividing…

DIvorcing when owning a business

I Own A Business In Naples, Florida And Am Getting A Divorce.  What Will Happen?

In Florida, a business is considered an asset and like all assets in a divorce, it must be ascertained whether that business is a marital or non-marital asset. If the business was established before the marriage, the asset is likely to be considered non-marital and thus the property of the party who established the business. …

Accident and Divorce in Naples, Florida

My Spouse Got An Injury Settlement in Naples, Florida. Is The Money From That Lawsuit A Marital Asset?

In Florida, property that was earned during the marriage is, by default, marital property and will therefore be split most of the time 50/50 between the two parties. Many settlements, however, aren’t to reflect money earned in the marriage but rather are to make up for lost earnings in the future.  Florida divorce law says…

Collier County property division

Who Keeps The House In a Naples, Florida Divorce?

In Florida, the time of the purchase of the house will often determine who keeps the marital home. If the house is purchased after the marriage with funds that either party earned after the marriage then the house will be considered marital property.  Marital property will be typically be split equally (50/50)  by the courts. …