Contact Us Today 850-502-2241
Winter Spires & Associates, P.A.

se habla español

Our Practice Areas

Factors that can influence the division of marital property

Although a divorce is a legal process that ends the relationship created by a marriage, it involves a number of other legal considerations in order to set the respective parties up to begin their new, single lives. For example, if the parties to the divorce are parents, then they may need to engage in negotiations over how they will provide for and co-parent their shared kids. They may also need to evaluate how their shared property will be divided between them.

Property division pursuant to a divorce can be a complex matter. Florida does not follow the laws of community property embraced by other jurisdictions, and as such courts must make case-specific decisions about how best to serve the parties who appear before them. Martial property, or the property that is shared by both of the individuals in the divorce, is what courts have the power to divide.

If the parties to the divorce are to receive significantly different amounts of property, then the divorce court will need to justify that determination. It may do so by showing one party is much less capable of providing for themselves than the other, or that one of the parties' age precludes them from working for their own income. The court may investigate if fault played a role in the end of the marriage or if one of the parties is anticipated to receive an inheritance in the future.

Taking property from a marriage is often necessary for a person to set themselves up as a newly single individual. It is important to understand how to negotiate the terms of property division.

No Comments

Leave a comment
Comment Information

meet with a member of our team

Call 850-502-2241 or reach out to us online to arrange a consultation.
Mon. - Thur. 7:30 to 5:00
Fri. 8-2 pm

Destin Office
3999 Commons Drive West Suite B
Destin, FL 32541

Phone: 850-502-2241
Fax: 850-424-2801
Destin Law Office Map

Marianna Office
2880 Green Street
Marianna, FL 32446 ‎

Phone: 850-502-4506
Phone: 850-633-3006
Fax: 850-424-2801
Marianna Law Office Map

Panama City Beach Office
309 Richard Jackson, Blvd.
#200-Suite #3
Panama City Beach, FL 32407

Map & Directions

Make Payment - LawPay - VISA MasterCard American Express