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Family Law Offices of Kalish & Jaggars > Posts tagged "equitable distribution"

Can My Spouse Take My Retirement In A Divorce In FL?

In Florida, retirement benefits including, vested and non vested benefits, rights, and funds received during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution. See § 61.076(1), Florida Statutes. In other words, if one spouse received retirement benefits during the marriage, then those assets are likely to be classified as marital property and therefore susceptible to distribution to the other spouse upon divorce.  Under Florida law, however, the portion of retirement benefits that a spouse receives prior to the marriage are not marital property. In order to determine the...

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What is Non-Marital Property in Florida?

In Florida non-marital property is clearly defined by § 61.075(6)(b), Florida Statutes. In general, Florida law provides that non-marital property includes any assets acquired or liabilities (debts) incurred by either the husband or wife prior to the marriage, including assets acquired or liabilities incurred in exchange for those pre-marital assets or liabilities. Assets that one spouse receives during the marriage that are either "noninterspousal” gifts (meaning not a gift from the other spouse) or an inheritance will be non-marital property. Any income that comes from non-marital assets is non-marital property, unless that income was treated, used, or relied upon by...

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What is considered marital property in Florida?

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,...

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