UNEQUAL DIVISION OF MARITAL PROPERTY

UNEQUAL DIVISION OF MARITAL PROPERTY

Unequal division of marital property in a Florida divorce can occur if legally sufficient grounds are established. Under Section 61.075, Florida Statutes, the court will equitably distribute marital assets and debts unless there is a justification for an unequal distribution based on all the relevant factors.

JUSTIFICATION FOR AN UNEQUAL DISTRIBUTION

A party that made a larger contribution to a marital asset should ask the court for an unequal distribution of that asset. Section 61.075(g) authorizes an unequal distribution. The court will consider “The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.” Basically, if one spouse uses non-marital funds to purchase a house or business, they should argue for an unequal distribution of that asset.

BAD SPOUSAL BEHAVIOR

If a spouse can show that the other spouse used marital funds to engage in unacceptable behavior, such as adultery, the court can increase the party’s share of the marital property by the value of the funds spent on the unacceptable behavior.

A claim for unequal distribution applies to marital assets and generally does not apply to non-marital assets. Therefore, the court must determine whether the property in which one party is seeking an unequal distribution is a marital asset subject to equitable distribution.

A party seeking an unequal distribution of a marital asset must plead for it in their Petition For Dissolution Of Marriage.

If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.