After years of marriage, your home may be one of, if not the most, significant assets owned by you and your spouse. When facing a divorce, the disposition of the marital home will be a critical issue and dependent upon a variety of circumstances. Under Florida law, the judge presiding over the divorce will distribute marital assets and liabilities between the spouses. Unless otherwise justified under the circumstances of the particular case, this division should be equal between each individual.
- each party’s contribution to the marriage and/or to the acquisition or appreciation of the asset;
- the duration of the marriage and relative economic position of the parties;
- any sacrifice made by a party with regard to their career or education for the sake of the other party;
- the need of such asset for use in a business or profession;
- any intentional impairment of the asset by a party after the filing for divorce or within the preceding two-year period; and
- any other factor necessary to do substantial justice.