One thing that surprises many people who are going through a divorce in Florida is that the division of property isn’t handled based on what’s equal. Instead, this state uses the concept of equitable distribution. In the simplest of terms, this means that things are divided based on what’s fair, even if that doesn’t mean that it is exactly equal.
There are many factors that help the court determine what’s equitable. If you are going through mediation and working out the terms on your own, you won’t have to worry about this because you and your ex can agree on who gets what.
If you have to turn to the court to determine who gets which assets, it will look into each party’s contribution to the marriage. This doesn’t necessarily mean that the primary wage-earner will get more. It also looks at who was taking care of the household duties and caring for the children. This means that a stay-at-home parent might be on an equal playing field with the wage-earning spouse.
The length of the marriage, who has primary custody of the kids, amount of their income and the presence of separate property can all come into the picture when the court is trying to decide how to split everything. Even adverse actions, including addictions, domestic violence and affairs, are considered.
Anyone who might have to go through a trial for the division of marital property should find out what might impact their case. This could give you an idea of what might happen, and it might give you a clue about the strategy you can use if you wind up in court.