The general rule on dividing assets and liabilities are, pretty much everything is marital from the point of marriage to the point of filing a petition for dissolution.  There are some exemptions to this, for example inheritance is usually classified as non-marital and a prenuptial agreement or other written instrument muddies the waters on classification as well.  There are times, however, that a marital asset is not divided 50/50.  The presumption is an equal distribution, but there are times when a party can get an unequal distribution of marital assets. 

The appropriate place to begin an analysis of an unequal distribution of marital assets is Florida Statute 61.075(1).  Once a piece of property is classified as marital, it is very difficult for one party to get more of that property than the other.  Florida Law is heavily biased in favor of equal distribution of marital assets and liabilities.  Relevant factors the court looks at to justify an unequal distribution include some of the following:  the contribution to the marriage by each spouse, economic circumstances of the parties, the duration of the marriage, interruption in personal careers or educational opportunities, the contribution of one spouse to the personal career of the other, intentional dissipation, waste, depletion, and any other factor necessary to do equity and justice between the parties.  It is common for litigants to try to squeeze their factual circumstance into one of these factors thinking that it applies, but the case law in Florida raises it to a much higher standard than what most people do during a marriage.  A very common claim for unequal distribution is when one litigant brings more money into the marriage and the party’s lifestyle is elevated because of that.  For example, if the husband brings a lot more money designated as premarital into the marriage, the husband may feel that any assets purchased during the marriage should be awarded unequally to him because the lifestyle originates from non-marital money.  Usually this will not be the case, if something is classified as marital, at the very least it will be probably classified as a marital gift.  A marital gift is divided in a divorce.  Length of marriage does come into play on this, however.  For example, the court doesn’t want one party to have a windfall just because they were married.  If a husband purchased a house for the parties with non-marital money, and that house is worth, say, five million dollars and also as a factor, the parties were only married for about a year, there is case law that would support the husband getting that entire house.  This would be a clear case of one party taking advantage of another and the courts would usually side with the party seeking an unequal distribution. 

If you are feeling alone or worried about being alone after divorce, there are things you can do to help stay busy and keep some of the loneliness you may feel at bay. It is normal to feel a little lonely once you and your partner have separated, however being lonely forever does not have to be your new life. There are plenty of ways to get out and meet others, making meaningful relationships that will last. Ultimately, remember that you have to choose happiness over divorce. Your life during and after divorce is what you make of it. You choose whether you wallow in it or rise above it. You choose how much you carry with you on a daily basis. You choose if you learn and grow or keep looking behind you. No one else has that power, not the ex, not the attorneys, not your friends or family, you, and only you, get to decide that."

At Kenny Leigh & Associates, we know divorce is usually a difficult time for most people because it brings change, both good and bad. Divorce not only changes your love life, but also can create changes in your daily routine, lifestyle, and finances. Dating after divorce can certainly take you out of your comfort zone, but it can also lead you to your life's next great adventure.

Sometimes, getting a divorce is an inevitable conclusion for a troubled union that can be tough on everyone touched by it. While you may not have a lot of choice but to go through it, you can choose how you cope with divorce. Finding positive ways for coping with divorce can not only spare everyone from unnecessary emotional pain and stress, it may also help pave a new path for future happiness. Here are five tips you can use to create better methods for coping with divorce.

There is a new law on the horizon that could level the legal playing field for fathers in Florida. State lawmakers have brought fathers’ rights closer to equality by passing SB 1248, a bill that revamps alimony and shared parenting time arrangements. Here are the top five things you need to know about the proposed shared parenting and alimony reforms coming to the Sunshine State.