Question

How do you determine marital and nonmarital assets and liabilities in Florida divorce cases?

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Answered by: Jason A. Brodie

Located in Boca Raton, FLBrodie & Friedman, P.A.

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Answer

In all Florida divorce cases, marital and nonmarital assets and liabilities are defined in Florida Statute Section 61.075. For assets and liabilities acquired or incurred during the marriage, the date that the initial Petition for Dissolution of Marriage is filed is the cut-off date for determining marital and nonmarital assets and marital and nonmarital liabilities. Additionally, pursuant to Florida Statute Section 61.075, nonmarital assets and liabilities include gifts provided to one spouse from a person other than your spouse, inheritances, income from other nonmarital assets, assets or liabilities excluded by a written agreement such as a prenuptial agreement or postnuptial agreement, assets exchanged for other nonmarital assets, and any liabilities incurred by a spouse's forgery.

To determine whether the assets or liabilities in your case are marital or nonmarital, you should seek the advice of an experienced marital and family law attorney today.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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