There are two kinds of assets in
divorce proceedings; Non-marital and Marital.
“Non-marital assets” include:
- Assets acquired by either spouse prior to the marriage, and assets acquired
in exchange for these non-marital assets;
- Assets acquired separately by either spouse by gift from someone other
than a spouse, or through an inheritance and assets acquired in exchange
for these non-marital assets;
- All income derived from non-marital assets during the marriage unless this
income was treated, used, or relied upon by the spouses as a marital asset;
- Assets excluded by a written agreement such as a prenuptial agreement or
postnuptial agreement and assets acquired in exchange for such assets.
What Happens to Non-Marital Assets?
Non-marital assets are merely determined by the Court to be non-marital,
set aside by the Court and belong to the spouse who has proven that the
non-marital asset belongs to him or her. They are not a part of
equitable distribution and will not be divided between the spouses.
“Marital Assets”
Florida divorce courts only divide (equitably distribute) “marital”
assets between the Husband and Wife. Generally, a marital asset is an
asset acquired during the marriage. But the increased value of a premarital
asset (such as a business created by one spouse before the marriage) as
a result of one spouse’s contributions of marital funds or labor
is also a marital asset that can be divided between spouses. Your attorney
must know the difference between a marital and non-marital asset.
What Happens to Marital Assets?
There is a presumption of an equal division (a 50/50 split) of marital
property. In distributing the marital assets and liabilities between the
spouses, the court must begin with the premise that the distribution should
be equal (Section 61. 075(1)) But under some circumstances, one of the
spouses can be awarded more than 50% of marital assets.
High Asset/ High Income Divorces are different from less complex divorce
cases for a number of reasons.
Greater Variety Of Assets Exist: First, there tends to be a greater variety
of assets and liabilities that must be located and valued. Such couples
often have very valuable assets, such as:
- Pensions
- Profit sharing plans
- Stock
- Professional practices
- Military retirements
- Real estate (both residential and commercial)
- Jewelry
- Special works of art
- Bank accounts
- Investment accounts
- Stock options
- Bonds
- Notes
- Annuities
- Trusts
- Businesses
- Special collectibles (antiques, oriental carpets, crystal, silverware, etc.)
- Motor vehicles (automobiles, RV's, boats, airplanes, etc)
- Contents of the home (special collectibles)
The assets to be valued and then divided include but are not limited to:
the marital home and other residential and commercial property, bank accounts,
investment accounts, retirement accounts, stocks and stock options, bonds,
notes, annuities, trusts, businesses, the content of the home (antiques,
oriental carpets, special collectables, gun collections, tools, special
works of art, jewelry), motor vehicles like cars, recreational vehicles,
boats, air planes, gliders, etc.
Contact our firm for any questions or anything else you need!