Rubinstein & Holz | Family Law Attorneys

Factors a judge may use to determine unequal property division

Determining a fair divorce settlement can become increasingly difficult when a couple has complex assets and is unwilling to work together to find a fair middle ground. It is almost always beneficial to both parties to be willing to work together to reach an acceptable compromise, but if that is not possible, it may be left up to the courts to determine a fair division of assets. If this is the case, there are several grounds that a judge in Florida may use to establish what is fair in a divorce settlement. Some factors may influence a judge to award one side a significantly larger share of marital property than another side.

One of the primary things that may influence a judge is if one party or another displayed grounds for divorce, such as infidelity or abusive behavior. In this instance, one or the other's relationship indiscretions may come back to haunt their pocketbook.

Other common factors may be disparities between the parties, like one partner's demonstrated earning potential and ability to build back up assets after the settlement, or an age difference that indicates that one partner is more able to create a good income with remaining employable years. Similarly, if one party has a physical or medical need that requires extra care or expense, this may influence a division by a judge.

It is also worth noting that a judge may consider any expected inheritance for either party when considering a fair division. in this case, assets you do not even have yet may count against you in the eyes of a court.

For these and many other reasons, it is generally best to at least attempt to reach a fair agreement with your spouse. With the guidance of an experienced attorney, you can see the scope of your issues and work through them in fair and reasonable ways to reach a compromise all parties can live with as you venture into a new season of life.

Source: Findlaw, "Florida Marital Property Laws," accessed Dec. 02, 2016

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Rubinstein & Holz | Family Law Attorneys

Rubinstein & Holz
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