Open 24/7

561-208-1859

954-990-9307

Call Now For Your Free Case Evaluation. Hablamos Espanol.

Search
 
The Law Offices of Kalish & Jaggars > Posts tagged "Property"

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...

Continue reading

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...

Continue reading