When Does the Court Divide Assets Unequally?
Florida law is complicated when it comes to divorce. Florida is considered an equitable distribution state. That means that during the divorce process, assets and debts are divided in accord with what is equitable to both parties. This does not necessarily mean there is an even split. That being said, the Florida courts presume there should be an even split between the two parties. So they will divide the marital estate equally in the majority of cases. To divide the marital estate unequally, the court must find that certain facts exist and one party would be financially compromised by an even split. In this article, the Tampa, FL divorce lawyers at Westchase Law, P.A. will discuss what would cause a Florida court to divide assets unequally.
The couple agrees to an uneven split in an uncontested divorce
In many cases, the couple can decide how to split their assets and debts during mediation. Uncontested divorces can result in an uneven division of property if both parties mutually agree. An agreement to divide assets unequally could be based on the desire to resolve the divorce amicably and cheaply, without drawn-out litigation. As long as both spouses are represented by attorneys, the courts will generally approve an unequal division of marital assets in an uncontested divorce.
One spouse would be left impoverished by an equal split
The court generally wants to see both parties be financially stable after the marriage is dissolved. If one party would be left impoverished by an equal split, then the courts might see fit to award more of the marital estate to the spouse with the lower earning power. This is particularly true in cases where one spouse primarily tended the home and raised children.
The spouses signed a prenuptial agreement
Prenuptial agreements are broadly enforceable by the court. This includes agreements that heavily favor one party when it comes to distributing the marital estate. While the courts like to see both parties financially stable after a divorce, their hands are tied when it comes to a prenuptial agreement.
One spouse’s contribution to the marriage outweighed the other
The courts can consider both spouses’ contributions to the marriage when dividing the marital estate. The court will consider more than just financial contributions. For example, if one spouse primarily kept the house and raised the children, then the courts can consider that a contribution to the marriage. If, however, one spouse’s contribution to the marriage greatly outweighs the other, the courts may consider an uneven split in marital assets.
Talk to a Tampa, FL Divorce and Family Lawyer Today
The Tampa, FL divorce lawyers at Westchase Law, P.A. represent the interests of Tampa-area residents who are pursuing a divorce. Our experienced divorce lawyers can assist you with prenuptial agreements, divorce, equitable distribution of the marital estate, alimony, child custody, and child support. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your goals for the future.
