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.