Division of Marital Assets

Question:
Is my spouse entitled to the condominium that I purchased with my own funds after we separated? We have been separated for over four years!

Answer:
I would argue that you are entitled to an unequal distribution of the condominium and that same should be awarded to you. If you purchased your condominium after you and your spouse separated, but BEFORE either of you filed for divorce, then the condominium is a marital asset subject. According to Florida Law, the starting point for a division of the marital assets and liabilities is an equal (50/50) division, but a lengthy separation is a justification for disparate treatment of any marital asset purchased post-separation.

If you and your spouse have been living separate and apart for over 4 years and have separate households and finances, then I would argue the condominium should be awarded as part of an unequal distribution to you, and that your spouse is not entitled to any portion of the condominium.