Property Distribution

Coffee with cream commingling

Commingling: How Mixing Assets Can Change Everything in a Florida Divorce

By Michael P. Sampson Sampson Collaborative Law You saved money before getting married. You fell in love and tied the knot without a prenup. Now, your marriage is falling apart. You’re thinking about divorce and discover that your savings might be split. Why? You mixed your pre-marriage money with money earned during the marriage. In […]

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Imminent Sale Doctrine Pink and white roseate spoonbill

Imminent Sale Doctrine – Closing Costs in Florida Divorce

By Michael P. Sampson Sampson Collaborative Law, January 5, 2026 Divorce can feel overwhelming, especially when it’s time to divide the marital home. In Florida, whether realtor fees and closing costs come off its value depends on the Imminent Sale Doctrine and solid evidence.  Courts stick to strict guidelines, but the collaborative process offers couples

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Five Monopoly Hotels

Jurisdiction Over Property at Issue in Florida Divorce

By Michael P. Sampson (part 7 of 8) This section discusses important principles related to jurisdiction over property. In Rem Jurisdiction Over Property Located in County Where Florida Divorce Is Pending If property at issue in a divorce case is within the court’s jurisdictional boundaries, it doesn’t matter if the owners or those claiming an

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Two people grasping hands in agreement. Domestic partnership agreements FAQs

Domestic Partnership Agreements: FAQs

This final installment of a 7-part series about domestic partnership agreements answers frequently asked questions (FAQs) about them. Using the Collaborative Process for Negotiating a Domestic Partnership Agreement The Collaborative Process can assist a couple with negotiating a domestic partnership agreement.  A full collaborative team includes a lawyer for each party, a neutral financial professional, and a

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Domestic Partnership Agreements: Financial Disclosures

This sixth installment of a 7-part series about Domestic Partnership Agreements discusses financial disclosures and privacy. To avoid later attack on the domestic partnership agreement, the partners should make fair and reasonable financial disclosures to each other. Disclosures to Consider For Florida “family law matters” (which Florida Family Law Rule of Procedure 12.010 defines broadly) such as

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Survivor’s Rights on Domestic Partner’s Death

This fifth installment of a 7-part series about Domestic Partnership Agreements discusses survivor’s rights on death. Florida law provides for survivor’s rights if a married person dies before the other spouse and they have no premarital or postnuptial agreement.  But for unmarried domestic partners, Florida law provides no survivor benefits upon the decedent’s death.  Through

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Domestic Partnership Agreements: The Home and Joint Expenses

This second installment of a 7-part series about domestic partnership agreements discusses the home and joint expenses.  Partners Acquiring a Home Together Two people may acquire a home together. They may contribute different amounts to the purchase price. During their relationship, they may contribute different amounts towards improvements, the mortgage, insurance, and property taxes. Further, they

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Domestic Partnership Agreements: Overview

This first installment of a 7-part series gives an overview of  domestic partnership agreements. Married and Unmarried Committed Couples Many couples who could not legally marry now can. In Obergefell v. Hodges, The United States Supreme Court described the fundamental right to marry, commit to, and intimately associate with the person you love through marriage

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Domestic Partners: Support When the Relationship Ends

This fourth installment of a 7-part series about Domestic Partnership Agreements discusses support when the couple’s relationship ends. Florida law generally provides, when there is no premarital agreement, a spouse’s right to alimony on divorce depends on the spouse’s need for alimony and the other spouse’s ability to pay.  But, when a couple is not

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Why Jeff Bezos should have gotten a prenup & why you should too

By: Hanna Horvath, Policygenius The richest couple in the world is a couple no more. What is a prenup? Jeff Bezos, the CEO of Amazon and the richest man in the world, announced he and his wife, MacKenzie, are getting divorced. The couple hadn’t signed a prenuptial agreement, meaning his soon-to-be ex-wife could be walking

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Aerial view of houses. Separate Property and Jointly Acquired Property by Domestic Partners

Domestic Partnership Agreements: Separate and Joint Property

This third installment of a 7-part series about Domestic Partnership Agreements discusses separate and joint property. Separately-Acquired and Jointly-Acquired Property Domestic partnership agreements should list or include an attached schedule of each party’s separate property. If the parties agree, the agreement should protect ownership of property and interests in trusts as separate property. Such agreements typically

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Collaborative Divorce: Dividing Retirement Accounts

The Challenge: In collaborative divorce, dividing retirement accounts can be tricky.  Collaborative teams, usually with a neutral collaborative financial professional’s help, must often figure out premarital and marital components of retirement assets.  How might the collaborative team approach the challenge?   Premarital Accounts Calculator: One tool that may be useful as the collaborative team develops

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