• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Harris Guidi Rosner, P.A.

Attorneys in Jacksonville, FL

Free Consultation | Call:

904-777-7777

1837 Hendricks Ave, Jacksonville, FL 32207

Menu
  • Home
  • Areas of Practice
    • Personal Injury
    • Wrongful Death
    • Criminal Law
    • Workers’ Compensation
    • Family Law / Divorce
    • Social Security Disability
    • Civil Law
    • Close
  • Attorneys
    • Jacksonville Attorney Robert Harris photoRobert Harris
    • Jacksonville Attorney Dennis Guidi photoDennis E. Guidi
    • Jacksonville Attorney Alan Rosner photoAlan Rosner
    • rob-menuRob Culpepper
    • Attorney-Chase-Harris-menuChase Harris
    • ken-thumb2Kendall Mills
    • Tim Miller SmallTimothy Miller
    • Attorney-Jerry-Pryor-menuJerry Pryor
    • Jacksonville Attorney Peter Shutters PhotoPeter Shutters
    • white-menuChris White
    • Attorney-Chris-Wilson-menuChris Wilson
    • Ronald ThumbnailRonald Bennett
    Close
  • About
    • Community Involvement
    • Awards & Memberships
    • Close
  • Results
    • Testimonials
    • Case Results
    • Close
  • FAQ’s
  • Blog
  • Contact Us
  • spaEn Español
Home » What is a Premarital Asset?

What is a Premarital Asset?

April 4, 2022 by Harris Guidi Rosner

When a couple files for divorce in Florida, the court is supposed to divide their assets equitably, or fairly. “Equitable distribution” does not necessarily mean 50/50. Florida courts take several factors into account when dividing a couple’s property, which can include:

• the spouses’ incomes and earning potentials
• how long the couple has been married
• if one spouse made career sacrifices for the sake of the other spouse’s education or job
• how many minor children are in the home
• the spouses’ physical and mental health
• each spouse’s debts and assets
• other relevant factors

Based upon the particular circumstances of each case, and how the factors above apply to them, Courts do not necessarily divide martial assets equally though that is the presumption.

If one of the spouses had assets before the marriage, these may be considered “premarital” assets. Premarital assets stay with the spouse who had them even after the divorce unless one of a number of exceptions apply. Just because a spouse entered the marriage with a premarital asset, a house for example, does not mean the entire value of the house is premarital – the new spouse may be entitled to some interest.

In cases where a premarital asset like a house has appreciated in value during the marriage, the Court will take into account the “active appreciation” of a premarital asset in certain circumstances. Active appreciation means the asset increased in value due to the efforts of one or both spouses. For a house, this could mean marital funds were spent on improvements or one of the spouses worked on the house him or herself (what is known as “sweat equity”). In this case, Florida courts have ruled that although the house was a premarital asset at the time of marriage, that due to conduct after the marriage, the non-owner spouse may then be entitled to a payout from the house.

If you need guidance on whether or not an asset is considered marital or premarital, contact the attorneys at Harris Guidi Rosner P.A.

  • Author
  • Recent Posts
Harris Guidi Rosner
Harris Guidi Rosner
Harris Guidi Rosner
Latest posts by Harris Guidi Rosner (see all)
  • Why hire a local lawyer? - April 29, 2022
  • What is a Premarital Asset? - April 4, 2022
  • Driving with a Suspended License vs. Driving without a License in Florida - March 31, 2022

Filed Under: Harris Guidi News

Free Consultation

Complete this form for a FREE No Obligation Consultation

Recent Posts

  • Why hire a local lawyer?
  • What is a Premarital Asset?
  • Driving with a Suspended License vs. Driving without a License in Florida
  • Understanding Florida’s “No-Fault” Laws
  • Which Partner Keeps the House in a Divorce?

Site Search

Areas of Practice

Personal Injury
Criminal Law
Workers’ Compensation
Family Law
Social Security
Civil
Wrongful Death

Martindale Hubbell Peer Review Rated PreeminentUS District CourtUS Supreme CourtAVVO Rating 10 out of 10Jacksonville Bar AssociationFlorida Bar AssociationInns of Court

Areas of Practice

Personal Injury
Criminal Law
Workers’ Compensation
Family Law
Social Security
Civil
Wrongful Death

Connect

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

HARRIS, GUIDI, ROSNER, P.A.

1837 Hendricks Ave
Jacksonville, FL 32207

Phone (Call): 904-777-7777
Secondary Phone: 888-262-4520
Fax: 904-399-1718
Email: harris@harrisguidi.com

© Copyright 2022 · Harrs Guidi Rosner, P.A. · All Rights Reserved.
Sitemap · Terms · Privacy