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equitable distribution

Kalish & Jaggars, PLLC > Posts tagged "equitable distribution"

QDROs: Dividing Retirement Funds in a Florida Divorce

Navigating splitting your retirement in Florida during a divorce

Can My Spouse Take My Retirement In A Florida Divorce? I’m family law attorney Scott Kalish. Today, we’re tackling a question that’s on the minds of many going through a divorce in sunny Florida: “Can my spouse lay claim to my retirement funds?” What about stocks, 401(k) plans, pensions, or other benefits? Divorce can be complex, especially when it involves dividing retirement accounts and other assets. This article, based on an episode of my Florida Divorce Podcast, will help you understand how retirement-related assets are divided during a divorce. Whether you’re dealing with a 401(k), stock options, or a pension, we’ll walk through the...

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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. Our legal team specializes in identifying separate vs marital property to ensure your interests are protected during the asset division process. 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. If you wish to protect your assets before marriage, we can also assist in drafting a...

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Florida Marital Property

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 Statutes¹. 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. Because the division of these assets significantly impacts the financial standing of both parties, it is often a major factor considered by the courts when awarding alimony. Assets or liabilities that...

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