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WHEN IS AN UNEQUAL DIVISION OF ASSETS AWARDED IN A FLORIDA DIVORCE?
In Florida, courts begin with the premise that the distribution of marital assets and liabilities will be equal. Courts look at all of the following 10 factors to determine whether an unequal division of marital assets is appropriate:
(i) whether one of the parties has made an extraordinary contribution to the marriage that is above and beyond the contribution that spouses ordinarily make to a marriage;
(ii) whether the economic circumstances of the parties warrant an unequal distribution of marital assets;
(iii) the length of the parties’ marriage;
(iv) has the marriage caused the interruption of either party’s career or educational opportunities;
(v) has one spouse contributed to the career or education opportunity of the other spouse;
(vi) is it desirable for one spouse to continue to run a business or professional practice;
(vii) is there a need to retain the marital home as a place in which the children or the other spouse can to live (based upon a determination by the Court that it is fair to do so, is in children’s best interest, and is fiscally feasible; or based upon a finding that it would be fair to provide the other spouse with exclusive use and possession of the home);
(viii) each spouse’s contribution to the production of income, the improvement of assets or the accumulation of debt;
(ix) the intentional dissipation or destruction of marital assets;
(x) any other factor that is necessary to bring about a just result.
To discuss the unequal division of marital assets and liabilities with a Palm Beach Gardens divorce attorney, contact the Lane Law Firm, P.A.
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