What’s fair game in a divorce? What’s yours alone? These aren’t simple questions. But they’re crucial ones. At Bergermann Law Firm, we help Fort Myers clients understand the real dividing line between marital and non-marital assets. We get down to details. Because those details? They matter.
What’s In? What’s Out?
Marital assets. The term is familiar, but what does it mean? Think of everything you acquired after saying, “I do”—the house, the savings, the stocks. In Florida, if it was earned or bought during the marriage, it’s marital property. But some things stay off the table. Gifts. Inheritances. Items brought into the marriage by one spouse. They’re non-marital, right? Not always. Here’s where it gets tricky.
Commingling: How Assets Blur
Picture this: you inherit money, then put it in a joint account. Or, you use premarital savings to pay off the mortgage. In Florida, that inheritance or premarital savings can morph. Now it’s marital property. Commingling is a. A game-changer in asset division.
Want to keep something separate? Keep detailed records. Keep them separate. It’s one of the most overlooked but important steps in protecting what’s yours.
Identify. Label. Verify.
What’s in your asset list? Real estate, cars, jewelry, retirement accounts. Every item has to be identified, then labeled: marital or non-marital. Miss something, and it could impact your future. Full disclosure on both sides is the only way to a fair split. Missing assets can create more than frustration—they can lead to court battles. At Bergermann Law Firm, we make sure everything is on the table.
Valuing Fairly—Not Generously
How much is your house worth? Your car? In Florida, assets are valued at fair market value—what they’d sell for today, not what they cost back when. It’s a fair way to keep things balanced. For example, that car? It’s valued as-is, not what you paid for it. Replacement value doesn’t count here. Fair market does.
Equitable Doesn’t Mean Equal
Ready for the split? Here’s where Florida law stands out. Equitable doesn’t mean 50/50. It means fair. And fair considers your specific circumstances. The duration of your marriage, your financial situation, and contributions made to the marriage—whether financial or otherwise. It’s a balancing act, and each case tilts a little differently.
Take Robertson v. Robertson. This Florida case made it clear: the aim isn’t to slice everything equally but to look at each person’s unique needs and contributions. Fairness first, not a simple divide.
Real Cases, Real Lessons
Some of Florida’s top cases have shaped how courts see asset division.
- Hooker v. Hooker: Here, the court ruled that even if one spouse holds the title, gifts given to the marriage belong to both. In short? Shared intent matters.
- Canakaris v. Canakaris: Equitable isn’t always equal. Fairness doesn’t mean a simple 50/50 cut, especially when each partner’s financial picture differs.
- Duncan v. Duncan: Homemaking, child-rearing, and career sacrifices are contributions too. This case made sure they’re counted, just like financial assets.
These cases underscore the same truth: every action, every choice, can change what’s considered fair in a divorce.
Get Guidance. Protect Your Future.
Asset division isn’t just about math—it’s about protecting what’s yours. It’s knowing which assets are shared and which stay with you. At Bergermann Law Firm, we guide Fort Myers clients in dividing assets fairly, transparently, and with precision. Don’t leave it to guesswork. Work with us to protect what matters.
The Next Step: Let’s Get Started
Divorce is complicated, but asset division doesn’t have to be. If you’re looking for answers, reach out. Call Bergermann Law Firm at (239) 334-0075 today. Your financial future depends on clarity. Let’s make sure you have it.
