How Do Courts Divide Property in Divorce?
If you and your spouse agree on how to divide your property and debts, you can ask the court to approve this agreement. If not, Florida courts are required to equitably divide your marital property and debts between you and your spouse. Marital property is generally any property you acquired during the marriage. Nonmarital or separate property should be awarded to the spouse who owns it. Florida courts begin with the presumption that a 50% split is equal, but the court can order a different distribution that it considers fair. The court considers many factors when awarding property, including the duration of the marriage, the economic circumstances of each spouse and the economic and non-economic contribution each spouse made to the marriage.
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