In Florida, assets obtained between the date of marital separation and the finalization of a divorce are generally considered marital property. This includes income earned during this period, as well as any purchases made with those earnings or other marital funds. For instance, if one spouse purchases a vehicle after the couple separates but before the divorce is finalized, that vehicle is typically subject to equitable distribution in the divorce proceedings. Determining the date of separation can be complex and often relies on evidence demonstrating the intent of the parties to permanently terminate the marital relationship.
Understanding the treatment of assets accumulated between separation and divorce is crucial for both spouses in a dissolving marriage. Equitable distribution, the legal principle governing property division in Florida, aims for a fair and just allocation of marital assets and liabilities. A clear understanding of what constitutes marital property during this interim period helps ensure a fair outcome. This principle of equitable distribution evolved from historical precedents where property ownership primarily resided with the husband. Modern legal frameworks recognize the contributions of both spouses during the marriage, even after separation, until the legal dissolution of the marriage is complete.
