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Determination of Non-Marital Assets and Liabilities

Florida Statutes Section 61.075 (6) further states that “Nonmarital assets and liabilities” include:

  1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;
  2. Assets acquired separately by either party by non-interspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;
  3. All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset;
  4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and
  5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a nonmarital liability only of the party having committed the forgery or having affixed the unauthorized signature. In determining an award of attorney's fees and costs pursuant to s.61.16, the court may consider forgery or an unauthorized signature by a party and may make a separate award for attorney's fees and costs occasioned by the forgery or unauthorized signature. This subparagraph does not apply to any forged or unauthorized signature that was subsequently ratified by the other spouse.

If your divorce proceeding involves the preservation of  non-marital assets, Segarra & Associates, P.A. will assist you in making sure that those assets are not subject to equitable distribution by the Court.

Contact us for a consultation regarding your contested divorce. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042.

Family Law

We know that family means the world to you. At Segarra & Associates, P.A., we understand families and with great pride have served as the premier family law firm in Miami since 2008. We practice exclusively in family law with the goal of helping our clients get through their legal issues and on a path towards a brighter future. Call today and let us help guide you through to the next chapter of your life.

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