Long-term separation and assert division (FL)

pk2at · 2024-04-04T21:36:00+00:00

To answer your question on long term separation, once again I believe you can claim you were effectively separated the day you moved out. However this would mean you would need to disclose the value of the property five years ago and its current value. This gives the wife's lawyer ammo to ask for more

pk2at · 2024-04-04T21:33:15+00:00

I thought FL was one of the states where you can file with option to keep assets you currently control. If I remember she needs to sign once and the Judge stamps. This agreement then follows through the process. If you have been the sole provider, I would strongly urge you to go for entire equity, let her fight to get the 50%

brok_zenuwe · 2024-04-04T16:55:53+00:00

Not a lawyer. Florida is an equitable division state, so not necessarily a 50/50 split.

Everything considered as a marital asset is subject to division. That you put in 100% while she put in 0% -- while married -- isn't relevant in the eyes of the court, with a few exceptions like gifts and inheritances. Up until separation, and maybe even up to the divorce is finalized, this arrangement is seen as mutually agreeable.

You can and should be able to argue that you had x assets before marriage, so you are entitled to those investments and earnings. This can be tricky with the martial home. Most people think, even lawyers, that whomever is on the deed gets all the proceeds no matter what, but even with one name on the deed, the other person can still go after a piece due to its use as the marital home and/or use of marital funds to pay the mortgage and for maintenance and upgrades. This may apply differently if the house is completely paid off.

Best advice I have with the above in mind is to consult several lawyers. They will often give you 30 mins or to feel them out. I'd take the extra step and review the laws beforehand to make the best use of the time.

dday_throwaway3 · 2024-04-04T16:38:06+00:00

You need to discuss this with a family law attorney. It's going to come down to current FL family law statues, as well as case law. Every state is different when it comes to measuring the marital estate at the time of separation, or the time of divorce. And if it's not clearly defined in state statutes, then that means the judge has wide latitude from the bench. So you need to consult with an attorney who knows your local court.

You can go read through FL case law on scholar.google.com for free. I spent many hours using that resource when I was going through my own divorce to set my expectations about divorce.

RevolutionaryLaw8854 · 2024-04-04T16:36:28+00:00

This is why legal separation is a dumb idea.

She’s going to push (and win) that it will occur at todays value

Title	Long-term separation and assert division (FL)
Author	tojmes
Upvotes	1
Comments	17
Date	April 4, 2024 4:16 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1bvrapl/longterm_separation_and_assert_division_fl/
Archive Link	https://theredarchive.com/r/Divorce_Men/long-term-separation-and-assert-division-fl.1513921 https://theredarchive.com/post/1513921

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