When your divorce is complete, all property that now belongs to you and your spouse will be allocated to one or the other of you. Important concepts to consider include:
Separate property generally includes anything that you or your spouse owned before your marriage. If you kept those assets separate, they will likely remain the property of whoever owned them originally. However, if you have commingled separate property and marital property, division may be more complicated.
Marital property – that is, everything that was acquired during the marriage and is therefore owned jointly by both of you – will need to be divided or assigned to one of you. What does a fair division consist of? Florida is an equitable distribution property state, not a community property state. This means that a family law court will expect to see a fair but not necessarily equal division of assets acquired during the marriage.
Florida courts require a parenting plan that spells out how parents will divide the following:
The parenting plan should also specify how parents will communicate. If parents arrive at an acceptable agreement, the court will likely approve of it. If not, the court will decide. Time sharing may not be 50-50 but should take into account weekly schedules during school time; weekends; holidays and school breaks; and overnights with each parent. Enforcement or modifications may be necessary after a parenting plan is in effect.
Spousal maintenance in Florida is determined on a case-by-case basis and may be:
Nonetheless, there is no set formula that applies, as in the case of child support. Also, support amounts may be modified later if the receiving party remarries or if one or both ex-spouses have significant changes in circumstances.
Note that alimony (spousal support) has been a contentious issue in Florida for some time, with significant legislative proposals on record about ending so-called “permanent alimony.” These proposals have not become law. However, there is no guarantee that a family law court will award alimony of any amount or for any length of time. A skilled family law attorney is an important advocate for anyone going through divorce.
Abundant information about divorce is available in materials available to the public in many forms. However, there is no substitute for personalized counsel. Law Offices of Kelley A. Joseph, P.A. welcomes the opportunity to answer your questions in a customized way. To schedule a consultation, call 954-376-4826 or send an email inquiry through this website.