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I'm Getting Divorced In Florida. Do We Have To Split Our Assets Equally?

No, you do not necessarily split your assets equally in a divorce in Florida. Florida law says that assets and debts will be equitably divided. Any non-marital assets and debts acquired before the marriage will not be divisible in a divorce. For example, if you had a paid-for house or a student loan before the marriage, the house and the student loan will normally be yours after the divorce.

All of the remaining assets and liabilities, which are considered marital assets and liabilities, will normally be distributed equally. However, they do not have to be distributed equally. In some cases, an unequal distribution would be more equitable under the circumstances.

Some of the situations the courts consider in deciding whether or not to equally divide assets in a divorce include:
- How long the marriage lasted
- The economic circumstances of each spouse
- How much each spouse contributed to the marriage, either as a breadwinner or as a homemaker or parent
- Whether or not it would be in the best interest of the minor children to remain in the marital home
- Whether either spouse contributed to the education or career of the other spouse
- If there is any evidence of waste or destruction of marital assets within two years prior to filing the divorce petition, or after it was filed

Therefore, if you are concerned about being awarded more than half of the marital assets, it’s possible. It depends on a number of factors. Your attorney can make a strong showing about why you are entitled to more than half of the marital assets.

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