What kinds of assets are divided in Dissolution of Marriage and/or Divorce Actions?
In Florida assets that are acquired during the course of the marriage are considered “marital assets” and are subject to division. There may be exceptions to this definition of “marital assets,” for example if one party inherits funds during the marriage, but never commingles them into a joint account and always keeps them separate, the Court may regard them as “non- marital” assets belonging to only one of the parties. Likewise, certain assets that were acquired prior to the marriage and never jointly titled or paid for from income earned during the marriage may retain their “Non Marital” nature and not be subject to division. The distinction between Marital and Non-Marital assets can be confusing and there is a large body of case law that creates exceptions to the general definition of Marital and Non-Marital assets. For example, in Florida income earned during the marriage is considered “marital.” Thus, if a spouse purchases a car from his or her individual income and titles the car