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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I need to know what if any division do I have the

Customer Question

I need to know what if any division do I have the right to receive if my husband established a business while we have been together even though it still has not made any payout ( payments will start in May 15). am I entitled to get?
He was going to give me 3% of the business and I have had to fight to get 5%.
I want to make sure that I am not entitled to more since we are together, still even though we are surly headed to divorce.
He is telling me that this business is his only so I will be at his mercy with the funds that will start to come. He is going to make a document to be motorized to state the above mentioned distribution.
How can I secure my payments and am I getting shorted, do I have the right to half of the business since it has been established while we have been together and struggling to pay bills?
I pawn my ring, my daughter gave us money to help us get through, because I have been out of work since December and he was dedicated to doing this business putting in sweat equity. We depleted all our pay our bills. And now taht he is going to start getting paid he has maggnafied our problems and wants to leave me behind so I can pay all the running bills that he has lived as well as I.
Please advice me as to what my legal rights are because I put up with a lot (not mentioned here) to be shorted on what I am / or not really legally entitled to.
Thank you
Our marriage has for ever been going down hill which we have de
I made the same sacrafieses he did for his business. So
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
In Florida, property acquired during the marriage can be divided between the parties in anyway the Court thinks is fairest. This does not have to be 50/50, but it usually is. In deciding whether to deviate from an equal division, the Court will consider the following factors: the length of the marriageeach spouse’s overall economic circumstancesthe desirability of allowing the couple's minor children, or either spouse, to continue living in the marital homeeach spouse’s contributions, including improvement of marital or non-marital assets, and contributions to the marriage either as an income-earner or as a parent or homemakerwhether either spouse interrupted a career or education during the marriage or contributed to the other spouse’s career or educationeach spouse’s debts and liabilities, andwhether either spouse intentionally wasted or destroyed marital assets either after the divorce petition or within the two years preceding it.That the business is in his name is ***** ***** you have any other questions?