Florida Info

Florida Divorce Start Your Divorce Find Professionals Florida Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Florida Products Divorce by County

Florida Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Florida Divorce Support Florida Divorce Online

Asset Distribution Explained

When it comes to getting a divorce in Florida, one issue that commonly arises is that of asset distribution. Which assets are solely yours, and which assets belong to both you and your spouse?

What Are The Different Types of Assets?

A non-marital asset is anything deemed to belong to just one individual. Non-marital assets are not subject to distribution during the dissolution of marriage.

A marital asset, on the other hand, is anything deemed to belong to both the husband and the wife. In the case of divorce, marital assets are fairly and justifiably distributed between both parties by Court.

What is Commingling of Assets?

In almost all marriages, one or both spouses have money and other assets before getting married - a saving account is one example. Throughout the course of their marriage, one or both spouses will work to earn and acquire more money and assets.

When a couple gets divorced, however, money and assets have been commingled, and dividing property can be difficult. In the context of divorce, “commingling”, meaning “to mix together”, occurs when the property one spouse had prior to the marriage is combined or mixed together with the other spouse’s separate property or is combined with the couple’s marital assets.

If you take the money from your checking account, for example, and add it to the joint account between you and your spouse, the money is considered commingled. The only way to claim a certain amount as your separate property is to trace the funds back to you with detailed records such as bank statements, deposit slips, withdrawal slips and the like.

When it comes to the comingling of marital funds, there is a presumption that the initial intention was that of a gift - and the asset then becomes a marital asset.

When Should I Contact a Divorce Attorney Regarding Asset Distribution?

If you and your spouse are getting a divorce, it is essential to determine which assets are non-marital as early as possible, as these can substantially change the nature of the asset distribution. Seek the services of a experienced Florida divorce lawyer as soon as you can.


Was this helpful? Like our site & let us know.

Related Articles


Start Florida Divorce Start Your Florida Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Florida Divorce Find Florida Divorce Professionals in Your Area:
Join the Network
Florida Divorce Products, Services and Solutions Florida Divorce Products, Services and Solutions
Florida Divorce Resources to Help You Through the Process.
Online Parenting Class Florida Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Florida Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Alimony in Florida can be requested when one spouse needs financial assistance. In order to qualify for alimony, the requesting spouse must prove need and that the paying spouse is financially able to make the payments. Alimony is typically a set amount which is paid monthly for a set period of time or until certain circumstances occur, such as remarriage. Alimony is not as common as one may think. The Florida divorce court can award temporary alimony until the final divorce hearing is held. Then, at the final divorce hearing, the court can order permanent alimony if it is requested and necessary.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Florida Divorce

 

Settle Your Divorce Negotiate Your Florida Divorce

 

Support Forum Florida Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - Divorce Financial Checklists (organize important data that you will be need for a successful divorce)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"