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Florida Law - What Are Some Examples of Property Divisions?

Most of the cases in Florida follow the pattern described in the law: each party keeps its own nonmarital property, and the marital property is divided 50/50.

The following cases mostly showcase this rule, or show an example of a rare deviation.

Cases:

Weimer (1996) 677 So2d 86 (The couple had bought and operated a garage for 22 years before the separation. They were married for 28 years. The trial judge had divided the assets roughly 60/40, giving the wife 40%. The appeals court reversed. It said that the property division has to be 50/50 unless there are specific reasons why that is not fair. In this case, the judge did not mention any reasons in his opinion. The court says that the first order of the day is the property division, aiming for 50/50. After that, the court can set an appropriate alimony amount, given the resulting property distribution.)

Steadman (1994) 645 So2d 581

Becker (1994) 639 So2d 1082

La Huis (1991) 590 So2d 557 (marriage of 3 1/2 years' duration; husband's pension plan increased in value and wife was given $10,000 which was "an equitable" portion of this increase, plus $201 in medical bills and attorney's fees; but wife received no alimony, because her earning potential after the marriage was not diminished).

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