By Robin Roshkind, Esquire, West Palm Beach, Florida
I have some clients who just realized they made a mistake. The marriage is only 3 months old, or one year old, or anything inbetween, making it a short lived experience. The question becomes who gets what.
In short term marriages, generally there is no entitlement to alimony or attorneys fees, unless a prenuptial agreement says otherwise. As far as equitable distribution of assets and debts goes, what you come into the marriage with you go out of the marriage with…unless it is joint property.
Wedding gifts to either party is considered marital or joint property. However, in short term situations, where the parties can reasonably discuss the fact that they rushed into something and made a mistake, then usually they can agree that the wife’s friends and family gifts go to her and the husband’s friends and family gifts go to him. If there is something of exceptional value, then one party should “buy out” the other. Another way to divide the wedding gifts, yet more difficult, is by value. Ideally, the two parties should come out with relatively the same amount of value.
Another topic in divorce is who pays for the wedding? If one party paid for the wedding, that is seen as a voluntary act, pre marital. If, by agreement, the parties can split the costs, the marital settlement agreement should indicate that.
For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.