When Would A Florida Family Court Divide Assets Unevenly During A Divorce?
The state of Florida is considered an equitable distribution state. That means that during the process of divorce, assets and debts are divided in accord with what is equitable to both parties. While some states split the marital estate in half no matter what, Florida divides the marital estate in accord with what is fair. In other words, the Florida courts can see fit to divide the marital estate unevenly between the two parties. However, the Florida courts presume that there should be an even split between the two parties. In the majority of cases, the marital estate will be divided equally. For the courts to divide the marital estate unequally, the court must find that certain facts exist and that one party would be financially compromised by an even split. In this article, the Tampa family lawyers at Faulkner Law Group, PLLC will discuss circumstances in which a Florida court would divide assets unequally.
The couple agrees to an even split during an uncontested divorce
A Florida couple can decide how to split their assets and debts during mediation. Uncontested divorces can result in an uneven division of property when both parties mutually agree. This agreement could be based on the desire to resolve the divorce amicably and cheaply, without drawn-out litigation. So long as both spouses are represented by attorneys, the courts will generally approve an unequal division of marital assets during an uncontested divorce.
One spouse would be left impoverished by an even split
Florida family courts generally like to see both parties be financially stable after the marriage is dissolved. If one party would be left impoverished by an equal split of the marital estate, then the courts might see fit to award more of the marital estate to the spouse with a lower earning power. This holds particularly true in cases where one spouse primarily tended the home and raised the children while the other spouse was the primary breadwinner.
The spouses signed a prenuptial agreement
The Florida courts will enforce prenuptial agreements regardless of whether or not they heavily favor one party when it comes to distributing the marital estate. While the courts tend to like to see both parties become financially stable after a divorce, their hands may be tied when it comes to a prenuptial agreement. A prenuptial agreement can stipulate which property goes to which estate in the event of a divorce.
One spouse’s contribution to the marriage was larger than the other
Florida family courts will consider both spouses’ contributions to the marriage when dividing the marital estate. The courts will consider more than just financial contributions. For example, if one spouse primarily kept the house and raised the children, the courts can consider that a contribution to the marriage. If, however, one spouse’s contribution to the marriage substantially outweighed the other’s, the courts may consider an unequal split in marital assets.
Talk to a Tampa, FL divorce lawyer today
The Tampa divorce lawyers at Faulkner Law Group, PLLC represent the interests of divorcing couples who are ready to untie the knot. Call our office today to schedule an appointment, and we could begin discussing your next steps right away.
