Florida Divorce Property Division

Summary

Florida is a no-fault divorce state where either spouse can file for dissolution of marriage. Marital property is divided equitably, considering each spouses contributions. Pre-marital property is generally separate, but value increases due to marital efforts may be considered marital property. Courts assess contributions to determine the division.

Full Conversation

I live in Florida and might be getting a divorce
Hello ****, sorry to hear about your situation. Let's help you understand Florida's divorce laws:
- Florida is a no-fault divorce state.
- Either spouse can file for the dissolution of marriage.
- You must prove the marriage is "irretrievably broken."
- One party must be a Florida resident for six months prior to filing.
Would you like information on property division or child custody laws?
Yes
Alright, ****. Here are some key points about Florida's laws on property division and child custody:
- Florida follows "equitable distribution" for property division.
- The court considers each spouse's contribution to the marriage.
- Child custody is decided based on the best interest of the child.
- Parents may share custody if it's in the child's best interest.
We have no children
Would you like information on how property division works in Florida during a divorce?
Yes
Sure, ****. Here are some points about property division in Florida:
- Courts divide marital property equally, unless it's unjust.
- Each spouse keeps their separate property.
- The court considers debts and assets.
- Determination factors include each spouse's economic circumstances, the duration of the marriage, and the contributions to the marriage by each spouse.
My marriage is 3 years. I owned property before that
Hi ****, are you concerned about whether your pre-marital property will be included in the property division in case of a divorce?
Yes
In Florida, property owned before marriage is usually considered separate property and generally isn't divided during a divorce. However, there are exceptions if the property increased in value due to efforts during marriage. Would you like more information on this?
Tell me
Here are some details about how property value increases are handled in Florida:
- If your property's value increased due to marital efforts or funds, that increase could be considered marital property.
- Marital effort could be improvements made to the property.
- The court assesses if and how much your spouse contributed to the increase.