Divorce negotiations tend to focus primarily on practical matters. Spouses have to separate the lives that they previously combined. Couples who have prenuptial or postnuptial agreements may find it easy to split their assets calmly. Others may find themselves arguing over what resources are worth and who should keep which assets or take responsibility for different debts.
If spouses can’t settle, then the matter goes to court. How do judges address marital property during contested divorce proceedings?
Judges must reach a fair settlement
Divorcing spouses must disclose their resources and their debts. They also provide information about their individual circumstances so that courts can determine how to fairly divide eligible property. Like most other states, Florida follows an equitable property distribution statute.
Judges consider details ranging from time-sharing schedules and income to the length of the marriage and the health of the spouses. The goal is to come up with a solution that is fair or equitable based on the current situation.
Typically, that process does not factor in marital misconduct, although there are exceptions for financial misconduct during the marriage or the divorce process. Judges can order the liquidation of assets. They can make spouses responsible for certain debts. They can use assets to balance each other out and make the property division settlement as fair as possible.
It can be challenging to predict what a judge might ultimately determine in a litigated property division case. Those with specific priorities, such as the preservation of retirement accounts or the retention of a family business, may want to consider working toward a settlement if possible.
Knowing what to expect during divorce proceedings can help people set and focus on achievable goals. Equitable distribution rules can make litigation unpredictable but ultimately help to ensure a fair outcome for both spouses.