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Can you get payment early during divorce?

On Behalf of | Feb 14, 2021 | Property Division

Life does not stop when you file for divorce. You still have personal needs and desires.

Unfortunately, these things cost money. Rather than make unnecessary sacrifices or strategic missteps, you might be able to go through official channels to get the money you deserve when you really need it.

The law of the land

Florida Statute says many things about property division during divorce. Many of these have to do with the court’s power to decide who gets what in a fair and just manner. During negotiations, you would try to predict how these rules would apply to your situation.

However, there are various other things that a court could do during a divorce trial. One of them is to distribute your property early.

The possibility for an advance

“Interim partial distribution” is the legal term for payments in advance from shared marital property. The general idea is that, if the court thinks it is a good idea, you could receive some of your shared resources. This could happen any time from the moment you filed your dissolution action until you received a final decision for distribution.

However, it is not usually as simple as taking money out of a bank account you share with your spouse. You might still need to work out the separation of your non-marital and marital assets, for example.

Not every divorce case goes to trial. In fact, you would probably settle outside of court unless you have a very contentious situation. However, as you can see, the court could still have considerable power over what happens in various aspects of your life until you finalized your divorce agreement.

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