It is common for those preparing for divorce to have very strong feelings about the process. In some cases, they may even fantasize about the courts awarding them the vast majority of marital property. They want some kind of vindication or closure after the frustrations of an unsatisfying and unhealthy marriage.
Despite what people sometimes hope for, modern divorce proceedings do not necessarily lead to vindication through the division of property. People need to understand the asset distribution standards that apply during divorce so that they have realistic expectations and can focus on achieving specific goals for a better life in the future.
How do the family courts divide property?
Florida is an equitable distribution state. In plain English, state statutes require that the courts divide property fairly. Spouses generally have the option of settling with one another through mutual agreement. They can set whatever terms they believe are appropriate in an uncontested divorce.
If they litigate, then the judge hearing the case decides what is fair and reasonable. No-fault divorce proceedings generally mean that misconduct during the marriage does not automatically have an impact on property division. However, sometimes economic justice is possible during divorce.
Dissipation can affect property division
If one spouse can show that the other intentionally damaged the marital estate, their allegations can have a profound impact on how the courts divide property. Judges consider various factors ranging from the separate resources of each spouse, the length of the marriage and the contribution each person made to the household when dividing marital property.
They usually do not look at allegations of misconduct unless that misconduct is financial in nature. Any attempts to dissipate marital assets or diminish the value of the marital estate could inspire a judge to modify the division of marital property and shared debts.
Money spent gambling in secret or while conducting an extramarital affair could constitute dissipation. Spouses can also ask the courts to consider the intentional destruction of resources or financial conduct that differs from the standard immediately prior to divorce, such as unexpected spending sprees.
Finally, proof that one spouse tried to hide property from the other could also influence the way that judges allocate marital property and debts during divorce proceedings. Generally speaking, those asking the courts to consider financial misconduct as part of the property division process need evidence supporting their allegations.
Those who have uncovered signs of infidelity or hidden assets may need help preparing for the property division process, and that’s okay. Learning more about court procedures and state law can be beneficial for those hoping to secure justice during a litigated divorce.