What is Non-Marital Property in a Florida Divorce?

Florida is a separate property state for the purposes of a divorce, meaning it is not a community property state like California.  Therefore, when you enter into a marriage, any property you own or assets in your name are non-marital.  In young couples who stay married for many years, most pre-marital assets and property are generally combined with marital property or sold and invested into a marital account.  When that happens, your pre-marital house that was sold and used as a down payment for your marital home will have lost its “non-marital” character and determined to be a gift to your spouse. 

The issue of non-marital property comes up most frequently in a Florida divorce of an older couple, or a couple who entered the marriage with substantial assets. I see this in a second marriage and each person has a 401(k), a home and savings.  Generally, no one signs a pre-nuptial agreement, so the determination of marital property is important.  In this type of divorce, if there is a dispute over the character of marital and non marital property, a detailed analysis of the assets and liabilities must be conducted.  The factors to be evaluated include a look at whether or not marital money was used to support the other property and to what extend.  In retirement plans, how much has the asset grown over the marriage, what where the contributions made during the marriage.   What if the wife kept her non-marital home and rented it out and the husband sold his house and used the proceeds to purchase a new marital home for them to share?  Would the law recognize the husband’s contribution to the home and give him credit or would it be a 50/50 split?  Most likely it would be  a 50/50 split and the wife’s non-marital property would remain her own and the husband’s non-marital funds used for the marital home would be deemed a gift.  When looking at filing for divorce in Florida, it is important to bring up all of these issues with your lawyer in the beginning, so that your goals are clear and your expectations are realistic.  Visit www.jacksonvillebeachlawyer.com 

Joint Custody in a Florida Divorce

Many clients ask if it is possible to get a joint custody arrangement when seeking a divorce.  The answer is, it depends.   The terms used in a Florida divorce regarding custody is time sharing of the children, shared parental responsibility and the child’s primary residential parent.  In almost all cases, shared parental responsibility is ordered, but this has nothing to do with the amount of time the child spends with you.  Shared parental responsibility means that the parents share in decision making for the children as it relates to school, medical care, religion and extra curricular activities.  It also means that both parents will communicate with one another regarding the children and decisions that are made.  Anyone who has been through a divorce knows that communication between former spouses is not always easy, but it is necessary to raise your children.

Joint custody has many implications on your children’s lives and also financially.  If you have your children 50% of the time, you will generally not have to pay child support.  Unfortunately, many times this is used in divorce as a negotiation tool. I do not advocate this type of divorce.  If you have generally been the primary care giver of your children, it is natural that you will continue in that role after divorce.  If you work 50-60 hours per week, frequently travel and can’t remember the last time you went grocery shopping or bathed the children, it is not appropriate for you to request custody of your children.  This is not gender specific either.  I have represented many men who are the primary care giver and the wife has been the primary wage earner.  The point being if you haven’t been participating in the daily care giving of your children, it is not appropriate to petition the court for a joint custody or 50/50 time sharing as a tactic to get an advantage in a divorce.  It is certainly appropriate to seek a greater time sharing schedule because of your desire to spend more time with your children and the courts are inclined to give parents, particularly men more time with their children than the every other weekend.  Visit Jacksonville Beach Divorce Attorney to make an appointment.