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my wife and i live in missouri, we want to move to florida,

Customer Question

my wife and i live in missouri, we want to move to florida, she is concerned that if we move to missouri, and we end up getting divorced, are florida laws worse for her or are they the same as missouri laws?
Submitted: 6 years ago.
Category: Family Law
Expert:  Family Law Answers replied 6 years ago.

Hi and thanks for your question.

 

In order for me to answer your question, I'll need some additional specific information. Are there any particular divorce laws that she's concerned with? Child support calcualtions? Standard on awarding child custody? Property division? Alimony? OR All of the above?

 

Thanks - I'll wait to hear from you.

Customer: replied 6 years ago.

All of the above except child custody, also what about our company that we own?

it is a very large 100million dollar in sales company...??

Expert:  Family Law Answers replied 6 years ago.
OK - I will do the legal research and get back to you shortly.
Customer: replied 6 years ago.
thanks..
Expert:  Family Law Answers replied 6 years ago.

Hi again. I apologize in advance for the length, but am trying to be as thorough as possible with providing you with specific statutory language to make the comparisons. I would say that the laws re: property division and alimony are comparable in the two states. If anything, Missouri may be a little more conservative in ordering alimony.

 

Here are the comparisons:

 

PROPERTY DIVISION (this would include the division of the business asset)

 

MISSOURI - Missouri law requires a "just" division of marital property, but this is not necessarily an equal one. The factors the court will consider are "(1) the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;(3) The value of the nonmarital property set apart to each spouse;(4) The conduct of the parties during the marriage; and (5) Custodial arrangements for minor children." This is citing directly from the statute (V.A.M.S. 452.330)

 

Non-marital property will be set aside to each spouse - typically all property acquired during the marriage is "marital property" - "non-marital property" is "(1) Property acquired by gift, bequest, devise, or descent;(2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;(3) Property acquired by a spouse after a decree of legal separation;(4) Property excluded by valid written agreement of the parties; and (5) The increase in value of property acquired prior to the marriage or pursuant to subdivisions (1) to (4) of this subsection, unless marital assets including labor, have contributed to such increases and then only to the extent of such contributions." Again, this is directly from the statute.

 

FLORIDA: As with Missouri law, Florida law requires an "equitable" division, which is not necessarily equal. The Florida court will consider the following factors in determining what is an equitable division "(1) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker. (2) The economic circumstances of the parties. (3) The duration of the marriage. (4) Any interruption of personal careers or educational opportunities of either party. (5) The contribution of one spouse to the personal career or educational opportunity of the other spouse. (6) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party. (7) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties. (8) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party (9) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition. (10) Any other factors necessary to do equity and justice between the parties." (citing from the Florida statutes - Ch: 61.075 and 61.077)

 

As in Missouri, property acquired during the marriage, regardless of whose name it's in is presumed to be marital property.

 

Non-marital property is not subject to property division and is property that was owned prior to the marriage or inheritances specifically left to one spouse.

 

ALIMONY

 

MISSOURI - statute states that alimony automatically terminates upon remarriage or death of ex receiving alimony. Also the court will consider the following factors in deciding the amount and length of alimony (i.e. maintenance) award: "the financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently; the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; the comparative earning capacity of each spouse; the standard of living established during the marriage; the obligations and assets, including the marital property apportioned to him and the separate property of each party; the duration of the marriage; the age, and the physical and emotional condition of the spouse seeking maintenance; the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance; the conduct of the parties during the marriage and any other relevant factors" (again citing the specific language of the statute 452.335.2)

 

FLORIDA - statute section 61.08 states that the court will consider the following factors "the standard of living established during the marriage, the duration of the marriage, the age and the physical and emotional condition of each party, the financial resources of each party, the non-marital and the marital assets and liabilities distributed to each party, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment,the contribution of each party to the marriage, including but not limited to, services rendered in homemaking, child care, education, and career building of the other party, and all sources of income available to either party."

 

 

CHILD SUPPORT

 

Here are the on-line child support calculators for each state so that you can input your personal income information and determine whether there is a difference in the amounts.

MISSOURI is here:

http://www.courts.mo.gov/sup/index.nsf/0/d538248b77951e45862568e300513e47?OpenDocument

FLORIDA is here:

http://dor.myflorida.com/dor/childsupport/pdf/poz8.pdf

 

I hope that I answered your questions. If I have please click the green Accept button. Thanks very much and I wish you the best of luck!

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