How Long Do You Have To Be Married In Florida To Get Half?
It is a common misconception that when a couple gets a divorce, they will each get half of everything. This is true in community property states, which recognize that each spouse should receive 50 percent of marital property. However, Florida is governed by equitable distribution law. Under this law, marital property is divided fairly, which does not always mean equally. Neither spouse is ever guaranteed to receive half of the marital property during divorce in the Sunshine State, regardless of how long the couple has been married.
Separate Property vs. Marital Property
Along with knowing the equitable distribution law of the state, it is just as important to realize that only marital property is divided during a divorce. As such, you are not entitled to any of your spouse’s separate property. For example, if your spouse purchased a home before you were married and you moved in after the wedding, they would likely argue that the home is separate property. On the other hand, if the mortgage loan was refinanced in both of your names, you could make the argument that it is marital property and therefore, subject to property division law.
Determining which property is separate and which is marital is not always easy. A Tampa divorce lawyer can help you understand what property is divisible during divorce.
Factors Considered During Property Division
A judge will take many factors into consideration when making decisions in property division matters. These are as follows:
- The contributions each spouse made to the marriage, including maintaining the household and raising the children
- The financial situation of each party
- The length of the marriage
- The support of one spouse in furthering the career or employment opportunities of the other
- The preference of either spouse to keep the marital home as the primary residence of children
The length of the marriage is one factor a judge will consider. In shorter marriages, the couple has not had a long time to commingle assets and purchase property together. Due to this, people in shorter marriages may have a lower chance of receiving half of certain property. Still, these matters can become very complex, so it is always best to work with a lawyer who can advise on your case.
Length of Marriage and Alimony
The length of marriage can have a direct effect on alimony matters. In Florida, a short marriage is one that lasts less than seven years. If one spouse wants to pursue alimony, they generally should have been married for at least seven years. The longer a couple is married, the more alimony someone can usually receive and the longer they can receive it.
Our Family Lawyers in Tampa Can Provide the Sound Legal Advice You Need
If you are getting a divorce, our Tampa family lawyers at All Family Law Group, P.A. can provide the sound legal advice you need. Call us now at 813-672-1900 or contact us online to schedule a free consultation to discuss your case and determine your options. Se habla español.
Resources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
