Jacksonville, FL asked in Family Law for Florida

Q: In FL, premarital business produces income and value after marriage, does the income and value become marital property?

Concerning Florida marital property, if I have a business created prior to marriage, and during the marriage the business generates income and increases in value, and I keep that income in my separate premarital account and any proceeds from selling the business is put in my separate premarital account, is the income or proceeds realized during the marriage considered marital property?

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1 Lawyer Answer
Rand Scott Lieber
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Answered
  • Hollywood, FL
  • Licensed in Florida

A: Yes. Unless you had a prenuptial agreement, all of the income and appreciation during the marriage is subject to division. If you can prove the premarital portion, meaning the business value on the date of marriage, you can argue that that gets subtracted prior to division.

You should discuss this in more detail with a local family attorney.

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