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What property will you get to keep in your divorce?

One of the most common concerns people have when going through a divorce is what will happen to their personal property. It’s frustrating to face the possibility that you could lose the things you worked hard for. You will find it beneficial to learn more about how property division works and how you can protect your future interests.

Marital property includes all of the things a couple accumulated over the course of the marriage. This includes real estate, retirement savings and more. All marital property is eligible for division between the two parties in a divorce, but separate property is not. Separate property includes certain things you owned before marriage or things to which your spouse does not have a rightful claim.

What’s yours to keep?

It will not surprise you to learn that there are often sharp disagreements during divorces over what is separate property and what is marital property. Your spouse may think that he or she has a rightful claim to something that is actually yours, but you have the right to fight back and pursue a fair property division order that protects your separate property. Things that you own that may not be eligible for separation in a divorce include the following:

  • Things you owned before you married
  • Property that is clearly yours as designated by the terms of a legal contract
  • Awards you received for personal injury incidents
  • Things or property you bought using funds that were separate property that you intended to keep as separate property
  • An inheritance you received during or before your marriage
  • Gifts given only to you before or during your marriage

There are times when separate property becomes so comingled that it is difficult to tell where your property rights end and marital property begins. In these cases, a court may decide that these separate assets are marital property.

Defending your property rights

The division of marital property is one of the most complex issues in a divorce. You do not have to fight for your future alone, but you will find significant benefit in working with an experienced Florida family law attorney who can help you pursue the strong and stable future you deserve.

Before you agree to the terms of your divorce order or make any important decisions for your future, it can help you seek a complete assessment of your case and explanation of your legal options.


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