How Will Divorce Affects My Properties Acquired Before and During Marriage?


Marriage is the legal union of a couple that directed all properties acquired during the marriage to be owned by both spouses, thus, deemed as marital properties.

Florida law is equitable and it always ensures the fair distribution of properties of the divorced couple during the dissolution of their marriage. This may seem simple yet an uncomplicated process of property distribution of the properties provided the subject properties are considered marital property.

What is marital property?

Marital properties are the personal and real properties as well as the improvements that took place during the marriage. It is deemed as enhancement whose value is attributed to the account of marriage, provided that such development has been carried out using the money from the savings of marriage. This concept is uncomplicated because when the premarital properties are improved that to effect increases the monetary value of the same property, the difference between the old property fair market value and the latest one is considered owned by both spouses in the equal division.

Non-Marital Property

This is a property that is not part of the marital properties. Meaning, this property has been gained before the celebration of a marriage ceremony.

The classification of this property is a private property of the spouse and this will not be considered a property of the couple. However, when the non-marital property has been enhanced and /or improved, the improvement is deemed part of the marital properties and also be subjected to equal distribution as a result of a divorce.

How Does The Division Of Assets And Debts Change If Both Parties Own The Business in Florida?

If both parties owned the business, the Court will ensure the equal distribution of properties.

The equal distribution of properties due to divorce has been set by law to 50/50 shares and this is the default standard unless otherwise proven prejudicial to the interest of one of the parties.

The scope of the marital properties is huge because it likewise includes even the receipt of gifts to a spouse. Florida law is apparent and its intention is to make all belongings either personal or real to be part of the marriage estates. The idea is fixed that all things received may it be an expensive or cheap item belongs to the matrimonial properties.

As a matter of fact, when a spouse buys an appliance from the budget drawn from his personal salary, it would still be considered the personal property of the couple. The law does not distinguish the source of the money utilized as long as the purchase took place during the marriage, it would still be considered part of the marital properties.

The application of the law is confusing for those who are not used to undertake such litigation. It is strongly advised to get hold of the professionalism and commitment of a proficient and experienced Fort Myers, Divorce Attorney and Marquez-Kelly Law is Divorce Attorney that is highly recommended to fit the description of an effective and efficient lawyer.

For your queries, you may visit our official website at the following pages:

Contact Fort Myers-Cape Coral, FL Family Law Attorney

In case you are in Fort Myers, Florida and you want to ensure your success, it is tremendously encouraged to get in touch with us. We already mastered the bits and bobs of divorce proceedings and we ensure that our customers’ welfare is absolutely safeguarded.

Marquez-Kelly Family Law Attorney will guide you on the following:

  • Filing and serving a petition for divorce
  • Answering a petition
  • Attending a court hearing
  • Dealing with child custody/support
  • Division of property
  • Handling a settlement agreement

Attorney Marquez-Kelly, a Divorce Attorney in Cape Coral is a graduate of Bishop Verot Catholic High School, in Fort Myers, FL. In the year 2006, she obtained her law degree from Florida Agricultural and Mechanical University College of Law.

Attorney Marquez-Kelly is a Divorce Attorney Fort Myers member of the Florida Bar Association and the United States District Court. She founded the Marquez-Kelly Law in the year 2013. Her areas of practice include Dissolution of Marriage, Paternity, Guardianship, Family Law matters, and Real Estate Law.

For your legal queries, Call Marquez Kelly-Law at (239) 214-0403 or you may message us for a Free Half-Hour Consultation

Comments

Post a Comment

Popular posts from this blog

Types of Alimony

Image
  Divorce is a major life-changer and a difficult challenge to face reality, both emotionally and practically.  One of which may find herself or himself in a different financial situation than the other. For this reason,  alimony may be considered to award to the less financially equipped spouse to level the playing field  and give justice following the finalization of the divorce.     What is Alimony and What is its Purpose?  Under Florida law, alimony or also known as maintenance is a legal obligation of the spouse to provide  a monetary award to his or her other half for some time before or after marital separation or divorce.  It is a system through which a spouse with greater financial available means supports the other spouse  until he or she can support him or herself: providing assistance to the other spouse with the same standard of living during the marriage enabling the other spouse to get education program to get a higher income after the divorce providing basic needs after
Read more

Alimony or Spousal Support in Divorce Cases in Fort Myers, FL

Image
  Is Alimony Always Awarded in a Divorce Cases? When considering divorce, clients have queries about alimony – if they'll receive support or be the one  to pay it. Alimony is not automatic, nor mandatory in every divorce. There are various factors that the  court investigates to determine if it's necessary to grant alimony to either spouse. If a spouse requests  alimony, and the judge finds it necessary, then the court will assess both party’s ability to pay, and the  higher-earning spouse may be required to pay the support.    What Is Alimony and How Does It Work? Under Florida law, Alimony is defined as the “maintenance” or “spousal support” of a party to another.  This can be temporary, if the divorce is pending, or permanent if it is part of the divorce mandate.  Alimony is granted in cases where long-timed married spouses have a disparity of earning power, as  it is designed to equalize the financial standings of both parties.     Some state laws forbid alimony grants exc
Read more

Settling Your Child Relocation or Change of Domicile

Image
Separation  is causing serious stress to families across Florida, especially since parties involved have to settle child relocation issues. It is a burden to the couple and most especially the children. Studies show that Florida is one of the most stressed states in the United States of America since it is the highest when it comes to divorce rate. And the citizens of Florida have all the reason to be stressed when it comes to settling child custody disputes. How do you settle child relocation or change of domicile? There are a lot of things to consider under Florida law when it comes to requesting child change of domicile. The first thing that you have to do  is to contact a child relocation lawyer for advise and possible representation. In most  divorces  concerning children below the age of majority , a temporary order for guardianship, period of supervision, and child support is present and entered into during the time the custody case is filed. From the time that it is
Read more