In Florida Divorce cases you will hear the term Equitable Distribution used often. Equitable Distribution refers to the manner in which a Court divides the possessions/assets and debts which came about during the marriage in a manner which attempts to achieve a fair result for the parties getting a divorce. Although this would seem an easy way to resolve property and debt issues, problems often arise in attempting to reach a fair, equitable result.
Most of the time, the Parties’ and their lawyers work out the distribution of assets and debts so each side obtains their share to resolve such issues. If the parties cannot agree on who receives certain assets or debts, the decision on who gets what often becomes one for a Judge to decide.
ADULTERY AND EQUITABLE DISTRIBUTION
Many divorcing spouses wonder whether their spouse’s documents infidelity can be factored by a Court in determining the equitable distribution of marital assets and debts. Florida is considered a “no fault” divorce state. This means that people can get a divorce without presenting evidence to a court as to the need for a divorce or a determination as to who caused circumstances for a divorce to be needed.
The person who initiates the divorce is required to merely state that the marriage is ‘irretrievably broken” and the divorce case can proceed. Florida’s no-fault divorce statute and the equitable distribution rule has lead most people to believe marital assets and debts will be equally divided, no matter the circumstances within the marriage. However, that is not always true.
When one spouse does commit adultery, and it can be proven, courts can consider this fact when determining equitable distribution issues at trial. When the cheating spouse in the marriage is using his or her money to buy gifts for or travel with someone as part of an “affair” this can be taken into consideration when dividing the assets and debts.
In some cases, if the financial actions of the cheating spouse affect the wife or husband, or children involved, then the court can give the adulterer less property and other assets, or make him or her responsible for more debt. The rationale for this is that the adulterer has misused and reduced what should be marital funds through his or her involvement in an illicit relationship. The innocent spouse as a result of the cheating spouse’s actions should receive more assets and or less debt to ensure her or she receives close to what would have been awarded by the Court but for the misconduct of the other spouse.
ALIMONY AND EQUITABLE DISTRIBUTION
In addition, marital waste or dissipation can impact whether or not one party receives alimony from the other spouse even though Florida is a no-fault state. In most divorces, the equitable distribution is decided without much controversy, but it can become an issue during the divorce proceedings.
For those who are thinking about divorce and are concerned with Equitable Distribution, please contact us. Here Darren K. Edwards P.A., we are here for you and want to help you in any way we can with your divorce!
