Is Florida a non community property state?

No, Florida is not a community property state. Like the majority of states, Florida follows equitable distribution rules. A small group of states adhere to community property principles, but Florida is not one them.

What is considered community property in Florida?

In community property states, marital property is owned 50/50 by both spouses equally; but since Florida is not a community property state, it does operate under the premise that marital property is to be divided equally. The courts can deviate from that formula, however, based on the circumstances of the case.

Is the state of Florida a community property state?

Is Florida a Community Property State? As of 2015, Florida is not a community property state. In community property states, any money earned during a marriage or property paid for by those earnings is considered to be owned equally by both spouses.

What does non marital property mean in Florida?

Alternatively, non-marital property or property defined as property acquired by one spouse prior to the marriage or property acquired by one spouse by not intended to be a part of the marital estate remains that spouse’s separate property is not subject to equitable division. Is Florida a community property state?

What are the rights of an unmarried couple in Florida?

Unmarried couples still have very limited legal rights in Florida. The exception concerns unmarried couples and their children; the law provides many protections in that area. The property rights of married spouses are codified in law, and they may also be specified in other documents such as prenuptial agreements.

How does community property law affect a divorce?

Community property laws do not take into account financial need, earning ability or whose fault the end of the marriage can be attributed to. In other words, even if your spouse was cheating on you or doing other unsavory things, community property law does not factor this into a financial settlement.