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I understand your concern and am sorry to hear about your family situation. If the divorce is not final, the original pleading can be amended or so long as the final divorce decree or settlement addresses all assets then it is a moot point. However, not disclosing these 2 assets could give the appearance that you are concealing them. I would say be upfront as to avoid angering the judge and provoking your ex-spouse to reject the settlement.
I see. I thought only the petition had been done. I did not realize he had actually drafted the divorce settlement papers as well. I will tell you yes, it could be an issue. She could ask the judge to modify the settlement because she did not know about these 2 assets and will say you guys hid them from her. That may not be true, but that will be how they characterize it. You may want to talk to her about it directly or through your attorneys. My approach is to always tackle issues head on and not just hope they will go away by being silent.
It helps that Florida is not a community property state. Rather, Florida law asserts equitable distribution. Although sometimes equitable distribution means that there is a fifty-fifty split of the property, it does not always mean that. In a community property state, the property acquired during marriage is almost always split in half. In Florida, even though it practices equitable distribution, the norm is for the court to split the property half and half.
I think you could argue that what you have paid already is equitable and fair based on 1 year of marriage.
If you do not need further assistance, could you kindly accept the answer and provide a rating so that I may close it out?
If you still need help, I am here and happy to help.