Are you entitled to an unequal distribution of marital assets and/or liabilities? That is a question that we receive all the time. In Florida, when we discuss dividing both marital assets and liabilities it is traditionally equitably divided which means 50/50. However, a person has the right to ask for an unequal distribution of marital assets and/or liabilities.
Pursuant to Florida Statute 61.075 it discusses equitable distribution. Florida Statute 61.075 clearly states “… in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:
(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.”
These factors are used for each divorce case when an unequal distribution is requested and are fact specific to each case. An Orlando Divorce attorney will be able to help you navigate through your divorce to determine if you should request an unequal distribution or not.
Contact the Orlando Divorce Attorney Michael Ferrin or Victoria Anderson to discuss your divorce or family law issues. We offer a free consultation. Please call us at 407-412-7041 or CLICK HERE.