A married couple will rarely receive an inheritance together. More typically, one spouse will receive an inheritance via a bequest individually, i.e. “to my loving daughter” What happens to this inherited property after a Florida divorce? Marital Property vs. Non-Marital Property in Florida The Florida statutes
In Florida, property that was earned during the marriage is, by default, marital property and will 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
In a Florida divorce all of the assets at the time of the divorce can be classified as either marital or non-marital for the purposes of dividing those assets. The question is what happens with gifts and divorce in Florida? Marital assets are strictly defined in
Dissipation Of Assets is the phrase Florida courts use to describe wasteful, concealing, or other non-marital expenditure of what was previously a marital asset. Courts make a finding of dissipation of assets when “one spouse use[d] martial funds for his or her own benefit and for
Assets typically get split 50/50 in a divorce. Debts (the opposite of an asset) also get split 50/50. More typically, the assets get split up in such a manner that the assets are allotted to each party (Mom gets the house and dad gets the equally
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
To answer the question “who keeps the house in a Florida divorce?”, 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
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, and not having series of exotic assets like self-owned businesses or investment properties. W2 employees typically only have
In a Florida divorce, 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
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Divorce Attorney Naples FL
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Naples, Florida 34109