Divorce Settlement in Florida

Protecting Your Assets in a Divorce

When couples begin the divorce process, they undoubtedly will have to split their entire life up. From time with their children to their property, everything in between will need to be carefully considered for two spouses to finalize their divorce. For many going through this transition, the divorce process can be confusing, especially in property division. Often people wonder whether or not their property will be evenly split 50/50 between each other or if other factors determine how much property is allocated to each person.

Is Florida a 50/50 Divorce State?

Florida operates as an equitable distribution state. Under this approach, marital assets are divided equitably. It should be noted that equitably does not mean equally. Instead, assets are split fairly, which means that divorcing couples may or may not split their assets 50/50.

Are you going through a divorce in Florida? Call The Law Offices of Jonny Kousa, P.L., today at (954) 626-8071 or contact us online to speak with our Coconut Creek Family Lawyer!

What is Separate and Marital Property?

There are two types of property that are considered in a divorce – separate and marital.

Separate property includes all of the assets and property that a spouse owned before marriage. Additionally, inheritances and gifts are considered to be separate property.

On the other hand, marital property includes the assets and property acquired while the couple was married. This is anything from homes, vehicles, jewelry, art, and other physical assets to income, debt, bank accounts, retirement accounts, stock, and other nonphysical property.

When dividing assets in a divorce, the only property categorized as the marital property will be considered. Separate property is not subject to property division. However, there are certain instances where the separate property can become marital property. For example, if the separate property was used to increase the value of a marital asset, it could be comingled together, thus making it marital property in the divorce.

Contact The Law Offices of Jonny Kousa, P.L., today for a FREE consultation!