by Robin Roshkind, Esquire, West Palm Beach, Florida
Generally speaking, what you come into the marriage with you leave the marriage with even if it is years later…UNLESS you have “commingled” your assets to make them marital.
What this means is if you had a home prior to the marriage and sold that house and used the net proceeds to purchase a new home during the marriage, you would get your initial downpayment back in divorce court, before any remaining net assets are divided between the parties. Or another example, if you owned a BMW prior to the marriage, and then during the marriage traded it in for a newer model, and a divorce is imminent, you would be able to leave the marriage with your newer car.
In thinking about divorce, it is best to try to pay off all the marital debt with marital assets prior to filing for divorce. It is also a good idea prior to the wedding to take stock of what you are bringing into the marriage and how you can keep your pre marital assets outside of the marital estate. One really great vehicle to accomplish this is the prenuptial agreement which requires financial disclosure.
For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com.