Three Reasons Why There Could Be an Unequal Division of Assets in a Divorce in Florida
Florida is an equitable distribution standard (Florida Statutes § 61.075). A divorcing couple’s marital assets will be split equitable—it may or may not be an equal (50/50) split. You may be wondering: Why would there be an unequal distribution of assets? The answer is that this can happen in a number of different situations if deemed fair. Here, our Boca Raton equitable distribution attorney highlights three reasons why a court may order/allow for an unequal division of assets.
Background: Premise is Equal Distribution is Appropriate
As background, it is important to clarify that while an equal split is not mandatory, it is presumed to be appropriate. A court must start from the premise that an equal split of marital assets should be ordered in a divorce. A court can only award an unequal split if there are case-specific circumstances that justify doing so.
The Three Main Reasons Why a Divorce May End With an Unequal Split
- The Couple Agreed to an Unequal Settlement in an Uncontested Divorce
In many cases, couples undergoing an uncontested divorce in Florida decide mutually on the terms of their property division, which can result in an unequal split. The agreement might arise from a desire to resolve the divorce amicably without drawn-out litigation, or from personal preferences that value certain assets over others. As long as each spouse is represented by an attorney, a court will generally approve an uncontested divorce settlement even if it calls for an unequal split.
- A Prenuptial Agreement Protects One Spouse’s (Significant) Premarital Assets
A prenuptial agreement is a legal tool that can significantly influence property distribution in a Florida divorce. These agreements typically specify which properties remain individually owned and how marital assets should be divided in the event of a divorce, safeguarding significant assets like businesses, inheritances, or investments. If there is a valid prenuptial agreement, those premarital assets can be protected. A court may enforce the prenup, but allow for an unequal split of remaining marital assets to promote an equitable distribution.
- Contribution to Marriage Warrants an Unequal Split
In Florida, the courts consider the contributions of each spouse to the marriage when dividing assets, which can lead to an unequal distribution. Contributions are assessed not only in financial terms but also through non-monetary means such as domestic labor, raising children, supporting the partner’s career, or improving the other spouse’s property. If one spouse’s contribution is deemed significantly more substantial in terms of enhancing the couple’s financial position or overall well-being, the court may decide an unequal split is justified.
Get Help From a Divorce in South Florida Today
At Williams & Varsegi, LLC, our Florida high net worth divorce lawyer has the skills and experience to handle complex property division cases. If you have any questions about splitting your assets, we are here as a legal resource. Contact us today for your completely confidential case evaluation. From our office in Boca Raton, we provide family and division representation throughout South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
