It is common for people in Palm Beach, and elsewhere, to have possessions and wealth of their own when entering into a marriage. Over the course of a marriage, the separate property of each spouse may become intertwined, along with the couple’s marital property. In some cases, this can lead to a more complex property division process. At Peter A. Rose, P.L., we regularly consult with people who are unsure of what property remains solely their own, and which property is subject to division. In this post then, we will discuss the division of separate and marital property in Florida divorces.
Generally, each spouse retains his or her own separated property when divorcing in the state of Florida. This includes any property, assets or wealth that people brought into their marriages, as well as any gifts or inheritances that they alone received during the marriage. Exceptions to this general rule may include properties that were purchased, or maintained, with a mixture of separate and marital property. When separate property does become subject to property division in Florida divorces, it is typically divided in accordance with the state’s equitable distribution laws.