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Law Offices of

Roberta Kohn, P.A.

How does Florida decide who gets what in a pending divorce?

| Oct 29, 2020 | Divorce |

Trying to find a way to split up your possessions during a divorce can be very difficult. Emotions can often complicate what could be a straightforward process. Many couples must turn to the Florida family courts to manage this property division process on their behalf.

If divorce is in your immediate future, you probably want some kind of idea about what resources and assets you will have at your disposal afterward. It can be very hard to plan for the future without a clear picture of the outcome of your divorce. The better you understand the law in Florida, the easier it will be for you to focus on the big picture and your future as your divorce proceeds.

Florida judges will work toward an equitable property settlement

Florida family courts must adhere to the equitable distribution rule when dividing property and debts during a divorce. Equitable means fair. It doesn’t necessarily mean equal or even.

Factors such as your health, your current employment, your employment prospects and even the custody of your children can influence what the courts view as fair and reasonable in your family’s circumstances.

Generally speaking, any assets or debts that you acquire or earn during the marriage are subject to division. Exceptions to this rule include inherited assets and property specifically allocated to one spouse in a prenuptial agreement. Most everything else could be subject to division in the divorce.

Although it is impossible to predict the exact terms that a judge will set, understanding that the focus is fairness can inform your strategy as you move forward.