Protecting Separate Property In Your Florida Divorce
Depending on the extent of your assets, property division in a divorce can be complicated. Under Florida law, marital property, also known as community property, is divided based on equitable distribution. Instead of an equal split, courts will divide a couple’s property “equitably,” or fairly.
But this only applies to marital property — not separate property. Although a spouse may be able to claim an interest in nonmarital or separate property under certain circumstances.
What Is Separate Property?
Separate property is classified as property that only belongs to one spouse in the eyes of the law and has not been comingled. Some examples of separate property include:
- Property acquired before marriage or property acquired after the marriage with nonmarital proceeds
- Gifts, depending on who made the gift and to whom
- Property excluded from joint ownership by prior mutual agreement such as in a postnuptial or prenuptial agreement
Ascertaining Separate Property Is Not Always Easy
However, sometimes determining which property is considered separate property is far from black and white. What if you had a bank account or other property before getting married that was commingled with joint property, or otherwise became a joint account? It may not be a simple task to tweeze out what should be set aside as nonmarital.
Let Our Team Of Attorneys Help You Determine What Property Belongs To You
At Pacheco Perez P.A., in Miami, our family lawyers have extensive experience helping individuals with property division in their divorce.
When necessary, we employ forensic accountants to trace what funds came into the marriage, what happened to them and what value can now be assigned to them as your own.
Let us help you determine what property belongs in your marital estate.