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  • How Courts Divide Assets

    If you and your spouse cannot agree on how assets and debts will be divided, then the court will decide. First, the court will determine what assets and debts are considered marital and which...
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  • Determining Marital vs. Separate Property

    Any marital assets or debts are divided when a couple divorces. Separate property is not divided.
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  • How Separate Property can become Marital

    An asset can sometimes start out as separate property not subject to division in a divorce and then over time become a marital asset in whole or in part.
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Retirement Assets

For many families, retirement assets like pensions, 401(k) plans, Individual Retirement Accounts (IRAs), profit sharing plans and deferred compensation plans are the largest assets, sometimes they are valued higher than the marital home. Keep in mind that retirement assets may be subject to division during a divorce. Florida law provides that “all vested and non vested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.” As long as these assets were accrued during the marriage, they are likely to be considered marital property. Marital property is subject to division during a divorce.

Options for Dividing the Marital Home

  1. Sell the Home
  2. Home to One Spouse
  3. Term of Years

Sell the Home

When a marital home is indivisible, the court may order the couple to sell the home and divide the proceeds. The court has three options for ordering the sale of property. . .

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Home to One Spouse

Often with equitable division of a marital home, a spouse will arrange to give the home to the other spouse. However, when the receiving spouse acquires the home, they also...

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Term of Years

Occasionally, the court will grant one spouse exclusive use and possession to stay in the marital home for a term of years.

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