Sheldon E. Finman, P.A.
Call 239-215-4952 To Talk To A Lawyer Today.

The decision to marry is often based on emotions. Unfortunately, when a marriage ends, the matter of determining which spouse gets which assets cannot be based on emotions as this would likely result in an unfair agreement. In order to protect each party, Florida has specific laws regarding property division during the settlement proceedings.

While there are a handful of states that are community property states where the assets and property that are accumulated during a marriage are considered jointly owned and are therefore usually divided in half, the majority of states subscribe to the equitable distribution policy. This means that a court will strive to ensure that the division is equitable, though not necessarily equal. In order to arrive at an equitable split, the court will take several factors into consideration.

These factors will include the amount and effort that each spouse contributed to the marriage. The role and sacrifices that each party may have contributed, including whether a spouse was a stay-at-home parent instead of working outside of the home. The current economic situation of each spouse will be reviewed as will how long the marriage lasted and the value of assets that each may have brought into the marriage.

The court will also take into consideration the sacrifices one spouse may have made for their spouse or whether one spouse was deemed wasteful with income or other assets within a 24-month period before or during a divorce petition. The courts will also review both marital and individual assets and the value of those assets in relation to the needs of the both parties. The courts will also review any prenuptial agreements that the couple may have signed. Florida residents may benefit from working with an experienced attorney in order to ensure that their property division settlement will provide them with a financially sound future. 

No Comments

Leave a comment
Comment Information
Schedule A Consultation

Learn more about our problem-solving based approach to divorce. Call 239-215-4952 to talk to an attorney.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Fort Myers Family Law

Sheldon E. Finman, P.A.
2134 McGregor Boulevard
Fort Myers, FL 33901

Toll Free: 877-214-3207
Phone: 239-332-4543
Fax: 239-334-7828
Map & Directions

mapView Map & Directions