A Florida Divorce & Child Custody attorney provides answers to the most common questions when considering appealing your divorce or child custody case.
What date was my judge supposed to use for determining what assets are marital or non-marital?
The cut-off date for determining whether an asset or liability is generally the date that a divorce case is filed unless you have a separation agreement specifying a separate date. A common exception to this (and there are a few others) is when property earned before the divorce case is filed (such as a bonus for the last year’s job performance) is received after the divorce case is filed. In this situation, courts are likely to consider the amount received after the filling date as a marital asset.
For some reason, many people in Florida believe that if they separate from their spouse but do not file for divorce the property they acquire is not marital in nature. This belief is mistaken. Anything that is accumulated before filing for divorce is marital property unless it is received through a gift, inheritance or is derived from other non-marital property.
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