Category Archives: Equitable Distribution
How Are Retirement Accounts Divided in Divorce in Florida?
TL;DR Retirement accounts like 401(k)s, IRAs, 403(b)s, Roth IRAs, TSP plans, and pensions are considered marital assets in Florida if contributions were made during the marriage. Under equitable distribution laws, the marital portion is usually divided 50/50 unless special factors apply, with the court-ordered division being legally binding and IRS-approved for tax-free transfer. Couples… Read More »
Where is the Dividing Line Between Marital Debt and Marital Misconduct?
TL;DR In Florida, debts incurred during the marriage are usually marital debts and get split using equitable distribution, unless a valid prenup says otherwise. Separate property stays separate if kept separate. Typical examples are inheritances or personal injury awards that are not commingled. Student loans taken during the marriage are generally marital debt even… Read More »
How Do Stimulus Checks Get Divided In Divorce?
In light of the COVID 19 pandemic one issue that comes up in nearly every divorce case is that of the federal government stimulus checks and how they are to be addressed in the divorce. This leaves many people asking How Do Stimulus Checks Get Divided In Divorce?” Figuring out how to properly handle… Read More »