| How is Our Property Distributed upon
the Dissolution of our Marriage in Florida?
In Florida there is Equitable distribution of marital
property. Separate property remains separate. The court classifies property
into separate and marital estates, and then distributes the marital estate.
In a proceeding for dissolution of marriage, or in
a proceeding for disposition of assets following a dissolution of marriage
by a court which lacked jurisdiction over the absent spouse or lacked
jurisdiction to dispose of the assets, the court must first determine and
must set apart to each spouse that spouse's nonmarital assets and
liabilities.
In distributing the marital assets and liabilities
between the parties, the court must begin with the premise that the
distribution should be equal, unless there is a justification for an unequal
distribution based on all relevant factors.
The factors that must considered by the court in
determining whether there is a justification for an unequal distribution
are:
(a) The contribution to the marriage by each
spouse, including contributions to the care and education of the children
and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or
educational opportunities of either party.
(e) The contribution of one spouse to the personal
career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset,
including an interest in a business, corporation, or professional practice,
intact and free from any claim or interference by the other party.
(g) 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.
(h) 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 must 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.
(i) The intentional dissipation, waste, depletion,
or destruction of marital assets after the filing of the petition or within
2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and
justice between the parties. FL ST 61.075 (1)
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