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What does a court consider when distributing assets?

When it comes to splitting assets during divorce, Florida uses the equitable distribution method, meaning that the court will divide property in a fair (but not necessarily equal) way. Some might wonder how a court comes to such a decision. There are many things that the court takes into consideration.

The court may look at factors such as the length of the marriage and the financial situation of both individuals. They will take into consideration the contribution each individual made in the marriage in terms of caring and educating children as well as being a homemaker. The court will also see if either spouse stopped their own career in order to care for children or the home.

On top of that, the court may consider each spouse's contribution in relation to marital and non-marital assets. This may include any enhancements, acquisitions, income or liabilities. They will also look to see if anyone intentionally depleted or wasted any marital assets after the divorce petition was filed or within two years of doing so.

Finally, the court may also consider the desires of each individual. One spouse may desire to keep the family home as a residence for the children involved. Another spouse may be interested in solely owning a family business or private practice.

The courts can definitely look at other factors when deciding how to divide property, but these are the common factors that come up. An experienced lawyer can help you understand the possible outcomes when it comes to property division.

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