| For Purposes of Equitable
Distribution What is the Definition of Non-marital Assets and Non-martial
Liabilities in Florida? "Nonmarital
assets and liabilities" include:
1. Assets acquired and liabilities incurred by
either party prior to the marriage, and assets acquired and liabilities
incurred in exchange for such assets and liabilities;
2. Assets acquired separately by either party by
noninterspousal gift, bequest, devise, or descent, and assets acquired in
exchange for such assets;
3. All income derived from nonmarital assets during
the marriage unless the income was treated, used, or relied upon by the
parties as a marital asset;
4. Assets and liabilities excluded from marital
assets and liabilities by valid written agreement of the parties, and assets
acquired and liabilities incurred in exchange for such assets and
liabilities; and
5. Any liability incurred by forgery or
unauthorized signature of one spouse signing the name of the other spouse.
Any such liability shall be a nonmarital liability only of the party having
committed the forgery or having affixed the unauthorized signature. In
determining an award of attorney's fees and costs pursuant to s. 61.16, the
court may consider forgery or an unauthorized signature by a party and may
make a separate award for attorney's fees and costs occasioned by the
forgery or unauthorized signature. This does not apply to any forged or
unauthorized signature that was subsequently ratified by the other spouse.
FL ST 61.075 (5)(b)
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