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Property

Family Law Offices of Kalish & Jaggars > Posts tagged "Property"

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 Florida divorce. Whether you’re dealing with a 401(k), stock options, or a pension, we’ll walk through...

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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. 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) ✅...

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