How do you enforce equitable distribution in Florida?
How do you enforce equitable distribution in Florida?
Under Florida law, a person can enforce a property award following divorce by asking the court to issue a writ of garnishment, or an order to a bank or organization to withhold payments or funds from one party and transfer them to the individual seeking enforcement.
What is contempt of court in Florida?
Under Florida law, Contempt of Court is an act calculated to obstruct, hinder, or defy a court in the administration of justice. Contempt may be direct or indirect, and criminal or civil, and may include jail penalties and other consequences.
What does it mean to be equitable in Florida?
While some states have community property rules requiring an exactly equal division of marital property and debts, most states require only an “equitable” or fair division. Florida law requires an equitable division but also states that in most cases equitable means equal.
Are there any states that are equitable distribution?
In equitable distribution states, more assets may be considered “marital property,” but the split is not necessarily 50-50. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
What makes an equitable property division in Florida?
Florida law allows courts to consider economic misconduct of a spouse as a factor in determining equitable property division. Economic misconduct generally means dissipation of assets, which is the legal term for the wasting or loss of marital funds or assets by a spouse through means like excessive spending, gambling, fraud, etc.
What does equitable distribution mean in a divorce in Florida?
“Equitable distribution” refers to the way that spouses in Florida divide their property and debts in a divorce.
While some states have community property rules requiring an exactly equal division of marital property and debts, most states require only an “equitable” or fair division. Florida law requires an equitable division but also states that in most cases equitable means equal.
Florida law allows courts to consider economic misconduct of a spouse as a factor in determining equitable property division. Economic misconduct generally means dissipation of assets, which is the legal term for the wasting or loss of marital funds or assets by a spouse through means like excessive spending, gambling, fraud, etc.
In equitable distribution states, more assets may be considered “marital property,” but the split is not necessarily 50-50. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
When does property have to be divided in Florida?
Florida is an equitable distribution state, and only property acquired during the course of the marriage is subject to division following divorce.