How Do We Deal With Sentimental Items in a Divorce? (Property Division)

Are you preparing for a divorce in Pinellas County? If so, you will need to divide property and assets—including sentimental items that may have more intangible value than actual monetary value. For some couples, sentimental items can be especially challenging to split up in a divorce. A proactive approach is key. Here, our Clearwater property division attorney provides a guide for handling sentimental items in a divorce in Florida.

What are Sentimental Items? 

Sentimental items in a divorce refer to personal belongings that hold emotional value rather than significant financial worth. These items are often tied to memories, relationships, or milestones in a person’s life, making them difficult to divide during the divorce process. While some sentimental items may also have monetary value, their primary significance comes from their emotional attachment. Here are some of the most notable examples:

• Wedding Rings and Jewelry: Engagement rings, wedding bands, and anniversary gifts may have personal value well in excess of any economic value.
• Photographs and Videos: Family photo albums, wedding videos, and childhood pictures of shared children are often big items in a divorce, especially for parents.
• Heirlooms: Items passed down through generations, such as antique furniture, jewelry, or family bibles can have strong sentimental value.
• Children’s Keepsakes: For parents, handmade crafts, baby clothes, first drawings, or school awards may also be desired in a divorce.
• Pets: In Florida, pets have legal status as property. Their value is truly as purely economic as a matter of law. Of course, their sentimental value is dramatically higher.

 The Law is the Same: Marital Property is Subject to Equitable Distribution 

Under Florida law (Florida Statutes § 61.075), a couple’s marital property is subject to equitable distribution. In contrast, each spouse will retain his or her own separate property. Notably, the law applies to all property, including sentimental items without significant tangible financial value. For example, if both spouses created a certain family photo album together, they would each be entitled to their own “fair share” of that album. Sentimental property must be divided equitably—meaning fairly but not always equally—unlike with all other assets.

 Collaborative Solutions Often Work Best for Sentimental Items 

When it comes to dividing sentimental items in a divorce, collaborative solutions are often the most effective approach. A big reason is that courts in Florida are simply not well-equipped to fairly distribute items that carry emotional value exceeding their economic worth. Unlike financial assets, sentimental belongings cannot simply be sold and divided in a way that satisfies both parties. For that reason, a collaborative approach is often the best way to deal with items. An experienced Clearwater, FL divorce lawyer can help.

Contact Our Clearwater Property Division Attorney Today

At the Law Office of Gale H. Moore P.A., our Clearwater, FL divorce lawyer handles the full range of property division issues, including negotiating a settlement for sentimental items. Have questions about your options? Contact us today for a fully confidential case review. Our firm provides family law representation in Largo, Clearwater, and throughout Pinellas County.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html