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You may be wondering, “how will the court divide my assets and debts?” 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 are considered separate. Next, Florida will start with an initial presumption that all marital assets will be divided equally or 50/50. It should be noted that this initial presumption may be overcome and a different split may be achieved. 

Overcoming the Initial Presumption

Marital assets and debts may not be divided 50/50 in every case. The equal division presumption can be overcome by showing there is a justification for an unequal distribution. To determine if the initial presumption should be overcome, the court will consider 10 factors that generally cover contributions to the marriage, economic circumstances, the length of the marriage, career and educational opportunities etc. Each factor is listed out in detail below. . . 

  • Judge's Findings of Fact

    Sometimes the parties to a divorce cannot agree on how marital assets and debts should be divided. If the parties cannot agree, the matter is taken before a judge for a decision. If the judge must decide how to divide martial assets and debts, the judge must support the decision with factual findings in the judgment or order. In other words, anytime that a judge must decide the equitable distribution of assets and debts in Tampa, Orlando and throughout Florida, the judge must include written out findings of fact with their decision on how the assets, property and debts will be divided after a divorce.

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