When Will a Court Order an Unequal Division of Property in a High Net Worth Divorce Case in Florida?

Getting a divorce is hard—and can be even more so if you are part of a high income and/or high asset couple. The greater your net-worth, the greater the risk that a deep dispute arises over property division. In Florida, a court could award an unequal distribution of assets in a divorce case if it determines that there is good cause to do so. Here, our Clearwater high asset divorce lawyer explains when a court will order an unequal distribution of assets in Florida.

Florida Law: Equitable Distribution

Unlike some other jurisdictions, Florida is not a community property state. Under state law (Florida Statutes § 61.075), marital property is divided in an equitable manner. That means that a 50/50 split of property/assets in a divorce is not guaranteed by law. Instead, the law aims to divide assets in a fair and just way—with consideration to the current and future circumstances of each spouse.

High Net Worth Divorces are More Likely to Lead to a Unequal Distribution 

In high net worth divorce cases in Florida, an equal split of assets is less common. Why? Because these cases often involve complex financial portfolios—from real estate holdings to business interests to investments, and high-value personal property. These assets cannot easily be divided. Beyond that, one spouse may have significantly contributed to the increase in the couple’s wealth.

 Factors that Could Justify an Unequal Split of Assets in Florida 

What would justify a Florida court granting an unequal division of assets in a divorce? There are a number of different factors, include:

• Duration of the Marriage: An even split of assets tends to be more likely the longer the duration of the marriage.
• Economic Circumstances: If one spouse is in a better financial position, the other might receive more assets in order to promote a just outcome.
• Contribution to the Marriage: Contributions include both financial contributions and non-financial ones, like homemaking or raising children.
• Career Sacrifices: If one spouse gave up career opportunities for the marriage, this could be a factor that justifies him or her receiving some form of consideration in a divorce.

Every High Net Worth Divorce Case is Different 

Every case is different. A court’s decision to split property in a high asset divorce—whether it does so evenly or it determines that an unequal distribution is more appropriate—will depend on the specific details of each case. No matter your situation, an experienced Florida divorce attorney can review your case, organize financial records, and take action to help you get the best outcome.

 Schedule a Confidential Consultation With a Top Florida High Asset Divorce Lawyer

At the Law Office of Gale H. Moore P.A., our Florida divorce attorney has the skills and experience to help clients navigate all types of high net worth divorce cases. Contact us today to set up your completely confidential initial appointment. From our Largo law office, we provide high asset divorce representation in Clearwater and all across Pinellas County.

Source:

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