Family Law Archives - Page 2 of 2 - Family Law Offices of Kalish & Jaggars

25 January

Sticky

Florida Non-Marital Property

In Florida, understanding the difference between marital and non-marital property is crucial during a divorce. Non-marital property refers to assets or liabilities that are excluded from equitable distribution, meaning they remain the sole property of the original owner. This article will break down what qualifies as non-marital property, how it is treated under Florida law, and scenarios where it might transform into marital property. Marital vs. Non-Marital Property in Florida Property Type Marital Property (Subject to Division) Non-Marital Property (Not Divided in Divorce) Assets Acquired Before Marriage ❌ No (except if commingled) ✅ Yes Assets Acquired During Marriage ✅ Yes ❌ No (unless gifted separately) Gifts & Inheritances ❌ No (if kept separate) ✅...

26 September

0 Comments

Sticky

Florida Marital Property

Posted by Scott Kalish

in Family Law

Florida law explicitly states that marital property is comprised of those “[a]ssets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.” § 61.075(6)(a), Florida Statutes. Typically this means that identifying an asset or liability as “marital” or “nonmarital” will in part come down to determining when the asset was acquired. Marital assets are subject to distribution, while nonmarital assets are not subject to distribution. Assets or liabilities that are incurred while the divorce proceeding is pending, but before the divorce is finalized, are typically considered “non marital” assets. In addition to property acquired during the marriage,...

Florida Non-Marital Property

Florida Marital Property

Areas Served

Locations

Have questions about your situation? Not sure what to do next?