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What factors does Florida consider in asset division?

In Florida, there are a number of factors that may be considered by court when determining what constitutes a fair division of marital assets. Each marriage is different, so it is reasonable that each divorce be considered on its own terms. If you are divorcing, many things may affect what exactly is "fair" in your asset division.

The court will consider how long the marriage persisted, and the role of each spouse in the marriage. This takes into account spouses who devoted time to raising children or to homemaking. The court will also consider whether or not one party sacrificed or disrupted his or her career or education for the sake of the marriage, possibly depriving that spouse of opportunities for greater income. It may also examine contributions that one spouse made to the other's career or education and subsequent income.

From a practical standpoint, the courtroom will examine the value and desirability of one spouse or another wholly retaining a particular asset, such as a family home or business. It is also possible that one spouse contributed significantly to a business or another venture without establishing a legal right to the asset.

The court is never pleased to find that a spouse has depleted or destroyed assets that may have legitimately been divided between parties. It is important to document any instances of suspected asset dissipation to protect your best interests.

Asset division is a complex matter that requires a great deal of professional guidance. If you are divorcing, do not hesitate to enlist the help of an experienced attorney to protect your rights to a fair asset division.

Source: Online Sunshine, "61.075 Equitable distribution of marital assets and liabilities.—," accessed March 17, 2017

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