How Assets are Distributed and Protected in Men’s Divorce
What do you do when you’re getting a Florida men’s divorce and she says, “listen, I want half. I want half of everything. Everything that you have, I want half of it.”
And that’s a real thing, and it might be really frustrating to hear that, considering you may be the one who did the lion’s share of the work to get the assets that you have.
Maybe you’re the one who’s put the most money into retirement.
Maybe you’re the one who’s paid the balance down on that mortgage or put the money into the repairs on the house that gave you guys the house that you have.
Assets And Alimony In Men’s Divorce In Florida
So, here’s the thing. You’ve got to start by recognizing that this demand of her’s is real.
The law as it applies to men’s Florida divorce starts with the presumption that everything you guys have gained while married — all the assets and debts —must be split equally. That’s 50/50.
So, recognize the law, okay, but don’t give up hope.
It doesn’t mean that everything that you’ve got is at risk and she’s going take half of it. That alimony in men’s divorce law only applies to marital assets — not to non-marital assets!
What Are Non-Marital Assets In Mens Divorce?
Well, you may have brought some things into the marriage and those may be non-marital — especially if you haven’t comingled them.
You may have a 401(k) or an IRA or another account that you had prior to marriage. And while maybe that account has a marital component, it may very well have a non-marital component!
So, if you do the numbers right and you stick to your guns on it, you can get the passive appreciation of it.
In other words, you may have had a retirement account that you had when you guys got married seven years ago, and you’ve had that account for 10 years.
For those first three years, not only can you get the value of that account, but you can also get any passive appreciation on it. Basically, what would have happened to that account if you didn’t put any money into it, and it just grew naturally because of what the stock market did.
Assets During The Separation Period Of A Men’s Florida Divorce
There’s also the period after you guys separate.
So, separation is a date that we can use to potentially value what’s marital and non-marital. And if you have been making money after you guys separated, you have a claim that those assets should be considered non-marital.
You may have an inheritance account or something like that — and as long as you protect it and preserve it the right way, you might have a claim that that’s going to continue to be non-marital, and she doesn’t have any claim to it.
Summary Of Your Rights To Your Assets In Mens Divorce
So, recognize that there’s a distinction between marital and non-marital, and be smart with your non-marital stuff.
After you guys have separated, don’t start comingling things.
If you have any questions, make sure you talk to a Tampa mens divorce lawyer about it before you start taking certain actions.
Keep your non-marital assets and non-marital accounts. If you’re cautious with the numbers, you can make sure that you’re not going to get hosed on it and make sure that you don’t have to pay a single penny more than what the law requires.
If you have more questions about your assets in mens divorce, the experienced Tampa mens divorce lawyers at Denmon Pearlman can help you. Call us today at 1-888-992-3386.