Why should I get more than my spouse? The “Unequal Distribution”
Posted in Florida Family Law on May 23, 2023
In a Florida divorce, the division of assets is guided by the principle of equitable distribution. However, it is important to note that equitable does not necessarily mean equal. There are circumstances where the court may decide on an unequal distribution of assets based on various factors outlined in Florida Statute 61.075.
Factors for the court’s consideration in making Unequal Distribution
One factor that can lead to an unequal distribution of assets is the economic circumstances of each spouse. If one spouse has significantly higher income or earning potential compared to the other, the court may award a greater share of the assets to the spouse with the lesser financial resources. This aims to provide for a more balanced economic outcome and maintain a reasonable standard of living for both parties after the divorce.
Contributions to the marriage can also impact the distribution of assets. Florida recognizes both monetary and non-monetary contributions. Monetary contributions include income earned and property acquired during the marriage, while non-monetary contributions can include homemaking and child-rearing activities. If one spouse made significant financial or non-financial contributions to the marriage, the court may consider awarding them a larger share of the assets as recognition of their efforts.
The length of the marriage is another crucial factor. In longer marriages, the court may be more inclined to divide assets unequally to ensure a fair distribution. This is particularly true when one spouse has been economically dependent on the other for an extended period or has sacrificed career opportunities for the benefit of the family unit.
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Additionally, the court may consider the intentional dissipation, waste, or destruction of marital assets by one spouse. If one party has engaged in such behavior, the court may compensate the other spouse by granting them a larger portion of the remaining assets.
The court also takes into account any other factors that may be relevant to the case. These can include the age and health of each spouse, the presence of minor children, the contributions of each spouse to the acquisition, enhancement, or production of marital assets, and any other factor necessary to achieve a fair and just distribution.
It is essential to note that the decision regarding unequal distribution of assets is ultimately up to the judge’s discretion. The court carefully considers all relevant factors and aims to achieve a fair outcome based on the specific circumstances of the case. Consulting with an experienced divorce attorney is crucial to understanding how these factors apply to your situation and advocating for your rights during the asset division process.
In conclusion, while equitable distribution is the guiding principle in a Florida divorce, an unequal distribution of assets can occur under certain circumstances. Factors such as economic circumstances, contributions to the marriage, the length of the marriage, intentional dissipation of assets, and other relevant factors are considered by the court when determining the division of assets. Seeking legal advice from a knowledgeable divorce attorney is crucial to protect your interests and ensure a fair distribution of assets in your specific case. Steven D. Miller, P.A., 877-348-3354. “When it’s time to Leave, Call Steve”