When dividing the parties' assets in a divorce proceeding (or proceeding for disposition of assets following a dissolution) the court will first determine the "non-marital" assets and liabilities, also known as the "separate property".

After separating non-marital assets/separate property, the court will begin with the premise that distribution of the marital assets and liabilities should be equal, unless there is justification for an unequal distribution based on all relevant factors outlined in Florida Statute 61.075(a)-(j).

Under certain circumstances separate property may be considered marital property, for example wen it has been commingled.

A good example of commingled property is when one spouse purchased the home, before the marriage, but the parties live there together after marriage and use marital funds to pay the mortgage on the home and fund home-improvements.

The court will consider whether property has been commingled on a case by case basis and the guidance of an attorney in this situation is recommended.

Non-Marital Property

Examples of Non-Marital/Separate Property Include:

• Assets acquired prior to the marriage, for example a vehicle one spouse owned before the marriage;

• Separate property acquired by a non-inter-spousal gift or inheritance;

• Income derived from a non-marital asset;

• Assets excluded by agreement (by a prenuptial or postnuptial agreement).

Marital Property

Marital property is any property acquired during the marriage, with money earned while married. Examples of Marital Property Include:

• Assets acquired during the marriage;

• Enhancement in value and appreciation of marital assets;

• Inter-spousal gifts;

• Real and personal property held as tenants by the entireties;

• Certain retirement benefits (portion earned during the marriage).

Cody Law can help you navigate the process of dividing assets in your divorce. Call or e-mail us for a consultation.