Gay Divorce in Florida Courts – Part 2

Essentially, I believe that the law will be applied identically, regardless of the gender of the divorcing couple. That means that equitable distribution will be the method of dividing marital assets and liabilities. The court will review the assets acquired by the couple during the course of the marriage. The court will also consider all liabilities incurred by the couple during the course of the marriage. Unless justification exists for other than a 50/50 division of the assets and liabilities, the court will equally distribute to both parties half of the assets and half of the liabilities. Assets include real property, motor vehicles, retirement accounts, businesses, and investment accounts. With respect to alimony, the court will also review the financial circumstances of the parties in determining whether an award of alimony is appropriate. In making that decision, the court will look to certain factors such as: the standard of living established during the marriage, the length of the marriage, the financial resources of the parties, the disparity of income between the parties, whether one of the parties will be primarily caring for the minor children of the marriage, and the impact upon the earning ability of the parent providing for the child or children. The court will also consider the health of the parties and the age of the parties in coming to a conclusion of whether an award of alimony is appropriate.