Ver en Español
Free Case Evaluation Call Now

FOR MEN ONLY: 7 Things You Absolutely Need To Know BEFORE Filing For Divorce in Florida – WATCH VIDEO

Can You Divorce Without Splitting Assets in Miami?

divorce without splitting assets

There’s a lot you need to figure out when going through a divorce.

One of the most important things you and your spouse need to decide is how to divide your property. But what if you and your spouse don’t want to split your assets? It seems like a lot of work, and you want the quickest and easiest divorce possible.

Property division can be overwhelming. Even if your divorce is amicable, you and your spouse may disagree on who owns what or who should get what. However, it is important to divide your property to ensure you keep your assets.

With the help of an experienced divorce attorney, you can protect your assets during your divorce. Your attorney will make property division quick and straightforward.

Have more questions? Need help from a divorce lawyer? Contact Vasquez de Lara Law Group to schedule a free case evaluation.

Why Wouldn’t You Want To Split Your Assets in a Divorce?

In most divorces, couples want to split their assets. Each spouse wants what they think belongs to them. So why wouldn’t you want to divide your assets in a divorce?

One of the most common reasons is convenience.

Maybe a couple with kids has been married since high school. Now they want different things in life, so they decide to get a divorce. They can each support themselves, so they’re not worried about asset distribution. They want a quick and easy divorce to make the transition easier for their children.

Another scenario could be someone getting married and quickly realizing their relationship won’t last. They’ve only been married for a few months, but they’re sure about wanting a simple divorce. Since the marriage was so short, do they really need to go through property division? The couple hasn’t accumulated significant assets together, and they know which items belong to the other.

There are countless reasons why you want to divorce without dividing your assets. Your wants and needs are valid, but it’s typically best to work with an experienced and reliable property division lawyer to ensure your assets are protected.

Consequences of Not Dividing Your Assets

You want to finalize your divorce as quickly as possible. You’ll do whatever it takes to get your divorce over with, even if that means not dividing your assets.

You need to do what’s best for you. But realize some consequences come with not properly splitting your assets.

Namely, you could end up losing what rightfully belongs to you. Imagine that you agree with your spouse not to divide your assets. They could go against your divorce agreement and take you to court. Without proper help, you could lose everything: your money, house, and car. If a judge decides how your property should be divided, there’s no telling what you’ll get after the divorce.

Even though property division may seem bothersome, protecting your assets is necessary. Your best option is to work with a divorce lawyer. They will ensure you get your fair share of assets and make property division easy.

How is Property Divided in a Florida Divorce?

Florida is an equitable distribution state, meaning a judge will try to divide your shared property as evenly as possible.

However, it’s essential to realize that equality doesn’t always mean fair. For example, your assets may be distributed 70/30 instead of 50/50.

Why is that?

Well, say one spouse makes significantly less than the other. Then, the judge might decide to give more assets to the other spouse that makes less. It may not be equal, but it’s fair.

There are many factors that a judge will consider when dividing property:

  • The financial situation of each spouse
  • The length of the marriage
  • The contribution to the marriage of each spouse
    • Child caretaker
    • Homemaker
    • Wage earner
  • The debts of each spouse
  • Wrongful conduct committed by either spouse

Marital Vs. Non-marital Property

When dividing assets, a judge only looks at the couple’s marital property. Marital property is any assets the couple gained during their marriage. This includes assets purchased separately or jointly as a couple.

Marital assets can consist of physical property, such as a house or a car, or intangible assets, like income, bonuses, or retirement accounts. As long as the assets were acquired during the marriage, it is considered marital property.

On the other hand, non-marital, or separate, property is any asset each person owned before marriage. Like marital property, separate assets can be physical or intangible.

If you and your spouse can’t decide how to divide your marital property, you will have to go to court, and a judge will decide. This can be risky because you could end up losing assets that are rightfully yours. Work with an attorney to make sure you keep what belongs to you.

At the Vasquez de Lara Law Group, we understand that breaking up is hard. Dealing with divorce can be overwhelming and time-consuming. We’re here to help.

Call us today to schedule a free case evaluation.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

LinkedIn | State Bar Association | Avvo | Google