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What are Florida's marital property laws?

If you've decided to seek a divorce, one of the most important things to understand are the marital property laws in Florida. These laws set the standard for dividing property, which may be an important element in your case.

Is Florida a community property state?

Florida is not a community property state and does not recognize community property. Instead, Florida is an equitable distribution state. This means that the court will look at several different factors if you ask it to help you divide your assets.

What are the factors that could play into the division of property?

One of the things that will be reviewed is your income and the income of your spouse. If there is a large difference, the person who earns less may be able to get more out of the divorce to help him or her get settled. For instance, a mother who stayed home with her children may be given alimony to help her get settled, go back to school for an education and more.

Age difference is another factor to consider. If your spouse is very young and able to start a new career or to earn well, he or she may not be given as much as if he or she is much older and unable to work or build up a significant amount of retirement benefits. Of course, the way your assets are divided between you will be determined based on both of your ages and both of your incomes, so it could be you who benefits more from the equitable distribution laws.

Source: FindLaw, "Florida Marital Property Laws," accessed Dec. 09, 2016

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