A Florida Divorce court will make a determination of what constitutes "marital" if the parties are unable to agree. Some assets are jointly held by the parties. In such an instance, a presumption arises that the asset (or liability) is marital. If a party owned an asset prior to the Marriage or obtained same by gift (other than from the other spouse) or by inheritance, then he/ she may argue that the subject asset is "non-marital". However, the other spouse may argue that the use of the asset or the conduct of his/ her spouse has converted the asset partially or totally into a marital asset. Title, alone, is not always indicative of what is non-marital.
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Before anything is awarded to one spouse or the other, there are two factors to consider. When you work with an asset division attorney, he can help you determine: