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Articles Posted in Division of Property and Assets

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DIVISION OF BUSINESSES IN A FLORIDA DIVORCE

Divorce proceedings in Florida often involve the division of businesses.  Courts typically effectuate the division of property and assets in a Florida divorce in such a manner as to allow the operating spouse to retain his or her ownership in the business.  Florida Courts will not require spouses to remain…

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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…

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WHAT IS CONSIDERED MARITAL PROPERTY & NONMARITAL PROPERTY IN A FLORIDA DIVORCE

A division of property and assets case was recently decided by the Florida Court of Appeal in a case captioned Hamilton v. Hamilton.  In this case, the husband appealed the Final Judgment of Dissolution of Marriage based upon the fact that the trial court awarded an unequal division of the…

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WHO GETS TO STAY IN THE HOME DURING A FLORIDA DIVORCE?

A division of property and assets case involving the exclusive use and occupancy of the marital home was recently decided by the Florida Court of Appeal.  In a case captioned Ortiz v. Ortiz, the husband and wife were married in 2010, and had three children. They lived in Tennessee for…

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ARE ASSETS THAT NO LONGER EXIST INCLUDED IN A DIVISION OF PROPERTY IN FLORIDA?

In a division of property and assets case captioned Roth v. Roth the parties were married for twenty-nine years.  The Former Husband was seventy-four, and the Former Wife was fifty-eight.  Both had high school educations, and both worked in the automotive industry.  The Former Husband was in a car accident…

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HOW ARE PERSONAL INJURY SETTLEMENTS DISTRIBUTED IN A FLORIDA DIVORCE?

In a division of property and assets case captioned Roth v. Roth the Wife appealed the Final Judgment of divorce.  The parties were married for twenty-nine years.  At the time of the hearing, the Wife was fifty-eight and the Husband was seventy-four.  Both of the parties worked in the automotive…

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