Inheritances and gifts are generally considered separate property when obtained while married, but there are exceptions. Any assets or debt deemed marital property are subject to division in a divorce. Although not expressively required, Florida law encourages an equal distribution of property. This might mean a fifty fifty split or what a judge decides is fair. To prevent one's spouse from claiming a share of an inheritance, spouses need to follow some rules.
A Florida couple entering into proceedings for divorce may find that asset division is one of the most challenging issues to resolve. It isn't uncommon for one partner in a marriage to be somewhat unfamiliar with financial issues affecting the couple, and this can create challenges in obtaining a fair settlement in a divorce. It is important to consider both assets and liabilities during the divorce process so that unexpected problems don't arise later.
Florida couples who are thinking about divorce may be interested in ways to save time and money while ending a marriage. Through the process of mediation, a lengthy court battle may be avoided. Many couples are now turning to divorce mediation to resolve their differences.
Alimony is defined as a periodic or lump sum payment made from one party in a divorce to the other party. This alimony may be be granted by the court for one of several reasons including rehabilitative, bridge-the-gap, durational, permanent, or any combination of these reasons. Whether or not alimony is awarded is determined by the court's consideration of adultery or other circumstances such as the standard of living, marriage duration, age of parties, income and financial resources of each party, earning capacities, financial and non-financial contributions, and responsibilities to minor children in common.