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Dividing Property 50/50 in a Florida Divorce

A common question we hear in Florida divorces is, "Does the property always get divided 50/50?"

The law requires that the assets and debts of the marriage are to be divided "equitably". That technically means that it will be done fairly, but not necessarily equally. If a family court judge has a "substantial" reason to divide your marital property other than 50/50, the judge may do so.

But history shows that many, family court judges in the past have had their rulings dividing marital property other than 50/50 reversed on appeal. On the flip side, judges who have always divide property 50/50 have very rarely had those rulings overturned.

Keep in mind that Florida family court judges run for reelection every six years. When they run, the local newspapers inform the public as to how many times they have been reversed on appeal as compared to other judges. If you were a judge and liked job security, wouldn't you be inclined to almost always divide marital property 50/50 despite the leeway allowed in the law?

Bottom Line: Although it is not technically required by the statute, you can expect your family court judge to divide your marital property 50/50 almost all of the time.

(copyright Stann Givens 2009)


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Florida is a no-fault divorce state. The only requirements to getting a Florida divorce is that the marriage is irretrievably broken and that the filing spouse meets the residency requirements. The only other ground for divorce in Florida besides the marriage being irretrievably broken is mental incapacity of one of the spouses.
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