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What factors do judges consider in property division cases?

As you may be aware, Florida follows an equitable distribution model when splitting up assets between two spouses when they divorce. This doesn't mean that any property that you share will be split down the middle though. Your Fort Lauderdale judge will consider various factors when determining how to split up you and your ex's assets among you.

Florida Civil Practice and Procedure ยง 61.075, et seq. spells out exactly which factors a judge may consider when splitting up a couple's debts and assets, both of which are collectively known as their property.

Family law judges are required to take into account how long the marriage lasted and the financial circumstances of each spouse when doing this. They also are expected to consider the contributions that both the husband and wife made to the marriage. This may include their time spent serving as a homemaker or in working outside the home to pay for their child's education or care.

Judges are also taught to hone in whether either spouse missed out on educational opportunities or pursuing a career to stay at home with their kids. The court generally tries to ascertain which spouse paid for these academic pursuits as this may impact the decisions that they make.

A judge will generally ask both spouses if they intend to retain ownership in a business or keep their marital home before making decisions regarding property division. The court will likely seek to find out more about your roles in a family business and contributions to improving the home before rendering such a decision as well.

Property division decisions aren't cut and dried. A husband or wife can sway a judge to divide up any assets and debts that the spouses share if adequate, persuasive evidence is produced in court as to why they should make a certain decision. A property division attorney can help you compile the necessary documentation to strengthen your case for what assets you should be allowed to keep.

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