Property division is one of the most complicated aspects of a Florida divorce. You and your spouse have most likely accumulated a great deal of property over the course of your marriage, and the thought of having to split it all can cause you to feel overwhelmed.
You may also question exactly how a court decides who gets what. Florida is a state that follows the equitable distribution method of property division in a divorce.
A fair outcome for you and your spouse
This means that the overall goal of a court is to divide all marital property equitably between both parties. The intent is that an equitable distribution will ensure each spouse enjoys relatively the same standard of living as they did during the marriage.
There are several factors a court considers when determining an equitable division of property. Some of these include:
- Financial circumstances of each spouse
- Length of marriage
- The contribution of one spouse to the other spouse’s career or education
If you have minor children, the ability of one spouse to maintain the marital residence for the children is another factor.
One crucial factor
A factor that it is important to not overlook is the intentional destruction or wasting of marital assets.
Your spouse may have intentionally destroyed marital property to keep it from being considered in your property division. Having evidence of this could result in you receiving a higher share of marital assets to make up for it.
These are just a few factors the court looks at when deciding on an equitable division of marital property. The court also has the power to consider any other factors intended to achieve equity and justice.
Your divorce case is unique to you, so talking to an experienced divorce attorney about how these factors apply to your circumstances can increase your chance of obtaining a favorable outcome.