Getting a divorce in and of itself is hard enough. Adding the stress of trying to divide up the property that you both own can be even more distressing and can cause emotional responses that you thought would never happen. The best way to divide property is to get together with your ex-spouse and decide between yourselves. This doesn’t happen often, so the next best idea is to get an experienced attorney who can assist you in getting what is rightfully yours.
Florida is an equitable distribution state. This means that both spouses divide not only their property but their debt as well. Some states are community property states, however Florida law only requires an equitable distribution. For example, a judge may give two-thirds of the property to the spouse who earns the most money, with the other spouse receiving one third.
Separate property is usually those items or assets that belonged to you before you were married. This can be money from an inheritance or property that you received or bought before you were married. Gifts that you received, court awards and any pension proceeds are considered separate property. You need to be aware, though, that some property, such as a business, will not be considered as separate property if it was sustained by the marriage. This would be considered co-mingled property.
If you and your spouse cannot agree on a split of property and assets, you will need to go before the court of law, present your case to him or her and let this person will decide for you. Getting an attorney early may help you avoid the court altogether.
Source: FindLaw, “Divorce property division FAQ,” accessed Nov. 16, 2015
