Dividing property in a Florida divorce marks a final step, but sometimes, circumstances change. You may wonder if modifying the division of assets after the divorce remains possible. In most cases, property division stays permanent, but some exceptions exist.
When can property division be modified?
Florida law treats property division as final once a divorce decree takes effect. Unlike child support or alimony, courts do not revisit asset distribution unless specific conditions apply. Fraud, misrepresentation, or undisclosed assets justify reopening a case. If a former spouse hid assets during the divorce, the court may alter the division.
Hidden assets and fraud
If one spouse discovers that the other concealed property or financial accounts, they can petition the court for a modification. Courts take financial honesty seriously and may adjust the division to correct unfair results. The person seeking changes must prove that assets were hidden or undervalued.
Mistakes and clerical errors
Clerical mistakes in a divorce decree may also allow for corrections. If a court order does not reflect the agreed-upon terms due to an error, the court can amend the document. However, this only applies to fixing the mistake, not changing the substance of the agreement.
Agreements between former spouses
While courts do not typically modify asset division, former spouses can agree to redistribute property. This must happen voluntarily and in writing. A court will not force a new division but may enforce a mutual agreement if both parties consent.
Revisiting property division rarely occurs, but fraud or errors may open the door for changes. Understanding Florida law helps protect your rights if a modification becomes necessary.
