Does Being a Stay-at-Home Parent Affect My Property Division Rights in Florida?

If you are facing a divorce and throughout your marriage you’ve been a stay-at-home parent, or at some point during the marriage you had to quit your job and become a stay-at-home mom or dad, you may be feeling worried about your financial future. You might be feeling concerned about your rights to the assets acquired during the marriage. But can being a stay-at-home parent affect your property division rights? Simply put, no. Under Florida law, being a stay-at-home parent does not diminish your claim to marital property. In fact, in Florida, the efforts of stay-at-home parents are seen as valuable contributions when it comes to dividing marital assets. Below is what you need to know about how property division works for stay-at-home parents in Florida.

Equitable Division of Marital Assets in Florida

Florida follows an equitable distribution model for dividing marital property during divorce. This means that all the property acquired during the marriage is divided fairly between the divorcing spouses. However, this does not necessarily mean that spouses get 50/50. While Florida courts usually start with the presumption that an equal split is fair, judges have the power to adjust this division based on various factors.

Your Contribution as a Stay-at-Home Parent Has Value

A common misconception is that during a Florida divorce, the stay-at-home parent is not entitled to a share of the marital assets since they did not contribute financially to the marriage. The truth is that Florida recognizes the value of non-financial contributions in marriages. Your contribution as a homemaker and parent has value.

Under Florida statutes section 61.075, one of the factors courts consider when making decisions regarding property division is each spouse’s contribution to the marriage, including services rendered in child care and homemaking. The law explicitly recognizes that your role as a stay-at-home parent is an invaluable contribution to your marriage. While you may not have contributed financially to the marriage, the court will consider your sacrifices the same way it will consider your partner’s financial contributions.

By staying home to raise your children and take care of the home, you allow your spouse to focus on their career and earn an income. The assets that income purchased, such as the house and vehicles, are considered marital property. As a stay-at-home parent, you have the right to a fair share of that property. You cannot be punished for not earning an income.

What About Alimony and Child Support?

In a Florida divorce, property division is different from other financial issues, such as child support and alimony. It is crucial that you understand your legal rights as they pertain to these other issues.

• Alimony: If you were financially dependent on your spouse, you may be eligible for alimony. Alimony can help you transition from marriage life to singlehood.
• Child Support: If the court orders that your child stays with you all or most of the time, the other parent may be required to pay child support to help cover the costs of raising the child.

Florida law is designed to ensure that stay-at-home parents don’t face an unfair financial disadvantage after divorce.

Contact an Orlando Divorce Lawyer

If you are facing a divorce, it is crucial that you speak to an attorney. Our skilled Orlando divorce lawyers at The Arwani Law Firm understand the unique challenges stay-at-home parents face. Contact us today for help ensuring your contributions to the marriage are recognized and protecting your financial future.

Source:

flsenate.gov/Laws/Statutes/2022/61.075