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The Name You Know.
The Name You Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

The Name You
Know.
The Name You
Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

Photo of Ian F. Mann

Assets a nonworking Florida spouse may obtain in a divorce

Property purchased while married divides by fairness under Florida’s equitable distribution statutes. When only one spouse worked, a nonworking spouse may request a fair portion of a couple’s marital assets. Fairness, however, may not always reflect an even division.

FLSenate.gov notes that each spouse’s contribution to a marriage determines fairness. A judge may consider the financial value that a nonworking spouse provided. Caring for a couple’s home and children, for example, provides value in allowing the other spouse to work or run a business. In some cases, both spouses may have shared an equal amount of work and domestic responsibility during a relationship.

Factors a judge may rely upon to divide property

Sunshine State couples generally negotiate who takes each individual asset. As reported by SmartAsset.com, the court may distribute property based on a spouse’s desire to keep it. A judge must, however, approve of a property split and may consider if an individual needs an asset for a business or residence.

In issues involving real estate, discussing economic circumstances may show how an individual could afford its upkeep. When taking custody of children, a judge may approve of a custodial parent keeping a home after a divorce. To help meet expenses, a judge may also award financial support from an ex-spouse.

Certain financial accounts may divide between spouses

Florida law considers contributions made to financial accounts as marital property. Even if a nonworking spouse did not fund it, a judge may divide it based on fairness. A working spouse, however, may not need to divide contributions made to a fund before the marriage.

Although couples divorcing in Florida must divide marital assets based on fairness, they may also negotiate what appears fair to both parties. A nonworking spouse may obtain a fair settlement that includes a formerly shared home and financial accounts.

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