Equitable Distribution

Question 1

Equitable Distribution presumption

Answer 1

IN FLORIDA, THE COURT STARTS WITH THE PRESUMPTION THAT EQUITABLE/FAIR DISTRIBUTION MEANS EQUAL AND MUST BE DISTRIBUTED EQUALLY, UNLESS CERTAIN FACTORS.

Question 2

Factors to Consider to go unequal

Answer 2

FACTORS CONSIDERED IN DETERMINING WHETHER UNEQUAL DISTRIBUTION IS JUSTIFIED INCLUDE: (i) the contribution to the marriage by each spouse; (ii) each spouse’s contribution to the care and education of the children; (iii) services of the homemaker; (iv) economic circumstances; (v) the duration of the marriage; (vi) each spouse’s career and education sacrifices; (vii) the desirability of retaining any asset free from claim and hostile interference by the other spouse

Question 3

Marital Assets

Answer 3

• property acquired during the marriage
• inter-spousal gifts during the marriage
• all real property owned TBE
• jointly titled property
• enhancement in value of non-marital property through active means/active appreciation

Question 4

Non-Marital Assets & Liabilities

Answer 4

• property acquired prior to the marriage & exchanged for such assets
• assets acquired by non-inter spousal gifts or devise/bequests
• all income derived from a non-marital asset
• anything you agree to be nonmarital in prenup or postnup

Question 5

Passive v. Active Appreciation of Non-Marital Assets

Answer 5

• Passive: Increase in value due to market forces ONLY = nonmarital
• Active: when you use marital assets to increase the value of the property = the increased value (that portion) becomes marital asset. not the whole property

Question 6

Date of Valuing Marital Assets

Answer 6

• date of filing for dissolution: when you determine whether something is a marital asset
• finding value: whenever judge finds reasonable