In Florida, people who wish to end their marriage must abide by specific procedural rules when filing their petition for dissolution. Additionally, spouses responding to such petitions are bound by procedural rules as well. If a responding party declines to abide by such rules and fails to file an answer,…
It is well established under Florida law that, absent a prenuptial or postnuptial agreement, marital assets are subject to equitable distribution in divorce actions, while separate assets are not. It is not uncommon for a court to mischaracterize an asset, however, and order a separate asset to be divided among…
Pursuant to Florida law, with few exceptions, any assets obtained during a marriage are considered marital property, while property obtained prior to the marriage remains separate. Applying this general rule can become complicated in divorce actions in which the parties mingle separate and marital assets. As discussed in a recent…
In many divorce cases, one of the biggest issues is how marital property, including retirement income, should be divided. As such, many couples will develop marital settlement agreements defining their rights and obligations with regard to retirement. If the terms of such agreements are unclear, however, it could create challenges…
In Florida, marital assets are subject to divorce actions, while non-marital assets remain the property of the spouse that owns it. Assets that become comingled, where marital and non-marital funds intermingle, can present challenges during equitable distribution. The court may need to discern the separate contributions of each spouse to…
In Florida divorce actions, what constitutes marital property, and how such assets should be divided is often one of the most contested issues. Generally, separate property remains separate unless the spouse that owns the property comingles assets or otherwise takes action to commute it into marital property. As discussed in…
Florida is an equitable distribution state, which means that, for the most part, any assets acquired during a marriage are considered the property of both parties. Further, such property is subject to division by the courts in the event a couple decides to divorce. The courts do not have to…
Florida is an equitable distribution state, which means that any property deemed a marital asset will be divided equitably among the parties in a divorce action, while any separate property will remain separate. As such, it is critical that the courts properly characterize all property the parties own to ensure…
In Florida divorce actions, the parties will often engage in discovery to gain a better understanding of their separate and marital assets. Such discovery generally must be completed before the parties enter into a marital settlement agreement. There are exceptions to the general rule, however, such as when one party…
Under Florida law, while marital property is subject to equitable distribution in a divorce action, separate property is not; instead, it remains the property of the spouse to whom it belongs. Challenges in determining the nature of property can arise, however, when a party mingles separate and marital assets, as…