The Dissolution of Marriage in Florida: Who Receives What.
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Florida is an equitable distribution state; therefore, all common property that the two parties possessed during the marriage must be divided ?equally? in the divorce.
What does Florida law say about which spouse gets exclusive use and possession? Florida law does not have a universal answer for this, meaning that there is no law that says the Wife, or the Husband has to leave, while the other has to stay.
Florida is considered an equitable distribution state. This means that a judge will seek to divide the divorcing couple's property in a fair and equitable manner. The courts will split things up however they need to in order to make the distribution as fair as it can be.
Under Florida law, the process of dividing property begins on the premise that assets will be divided equally between both spouses unless a judge determines unequal distribution is justified. Some of the factors that may impact the judge's decision include: The financial circumstances of each spouse.
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.