This is a question that will stir up arguments many times over. There is a difference between date the petition is filed and date of separation in many cases.
I have attached a link to a Florida Bar article that breaks it down very well. I would recommend you contact a local family law attorney to discuss these issues directly.
Many great attorneys can be found here on Avvo and offer free consultations, myself included.
/s/ Ophelia Bernal-Mora, Esquire
Law Office of Ophelia Bernal-Mora, P.A.
37 N. Orange Avenue, Suite 500
Orlando, FL 32801
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This is when the date of separation becomes important, because there is a case which says that personal property which comes into the hands of one of the spouses, after separation, is their own property.
R. Jason de Groot, Esq., 386-337-8239
I agree with my colleague. Generally speaking, the courts use the earlier of the date of separation or the date on which the Petition for Dissolution of Marriage was filed.
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I have been successful in arguing date of petition in several cases. Unfortunately, this is a gray area. Florida is called an "equitable distribution state" and the Judge has substantial leeway to do what he/she feels is fair.
Lawrence J. Marraffino
Gainesville Family Law Attorney
This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY. If you want legal advice, please call our office!
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