Not every married couple chooses to have children, and these days remaining child-free is a viable option for any married couple. Still, even couples without children can face marital difficulties leading to divorce. If you are divorcing without kids, your main divorce issues are likely to be financial in nature.
Property division in Florida
One major financial issue divorcing couples without kids may face is the issue of property division. Florida law provides for the equitable distribution of marital assets. What this means is that marital property will be divided between you and your spouse in a way that leads to a fair distribution of assets, even if that distribution is uneven.
It is important to note that only marital property is subject to equitable distribution. Separate property stays in the possession of the spouse who owns it.
Generally, anything purchased or earned during the course of the marriage is considered marital property and is subject to division, with some exceptions for inheritances and certain gifts.
Assets purchased prior to marriage are considered separate property that will remain in the hands of the spouse who purchased it.
Alimony in Florida
Alimony is another major financial issue divorcing couples without kids may face. Alimony refers to payments a higher-earning spouse makes to the lower-earning spouse.
Alimony is generally paid for a limited duration and generally aims to put both spouses on equal financial footing post-divorce. Florida law recognizes several types of alimony, including bridge-the-gap, rehabilitative and durational alimony.
Financial issues are often in the spotlight when couples without children divorce, mainly because child custody and child support are non-issues when there are no children involved. This does not necessarily mean, however, that childless couples have an easier time divorcing. Divorce can be complicated for any Florida couple. Fortunately, help is available to divorcing couples who want to know more about their options.