How Fort Lauderdale Same-Sex Couples Should Handle Property Division After A Short Marriage

If your marriage was short, you might assume that ending it will be simple. After all, less time together often means fewer shared accounts, less commingled property, and a smaller list of things to argue over. But for same-sex couples in Fort Lauderdale, a short marriage can come with its own wrinkles, especially when a long-term relationship preceded the wedding itself. So how does Florida law actually treat a short marriage when it comes to dividing property?

What Counts as a “Short” Marriage in Florida?

Florida law does not set a strict cutoff for what makes a marriage short. Instead, courts look at the total length of the marriage as one of several factors when deciding how to divide assets. Under Florida law, the duration of the marriage is one of the elements a judge may weigh, along with each spouse’s contributions and economic circumstances, when determining whether assets should be divided equally or unequally.

This matters because a shorter marriage often means fewer assets were acquired jointly, which can simplify the process. At the same time, it does not automatically mean an even split, since the court still looks at the full picture of what each person brought into and built during the marriage.

The Unique History Many Same-Sex Couples Bring to the Table

Here is where things can get more complicated. Many same-sex couples in Florida were together for years, sometimes decades, before they were legally able to marry. Same-sex marriage became legal nationwide following the U.S. Supreme Court’s decision in Obergefell v. Hodges in 2015. That means a couple who married in 2018 but had been a committed couple since 2008 might think of their relationship as a long one, even though the legal marriage itself was brief.

Does that pre-marriage history count toward property division? Generally, Florida law looks at assets acquired during the marriage itself, not before it. Property or contributions made before the wedding date are typically treated differently than those made afterward, regardless of how long the couple was together informally. This distinction can come as a surprise, and it is one reason why understanding how the law defines the marital period is so important.

Steps to Take Before Dividing Property

Whether your marriage lasted two years or twelve, there are a few practical steps that can help make the process smoother:

• Gather documentation showing when specific assets were acquired, including bank statements, deeds, and purchase records
• Identify which property was owned individually before the marriage versus what was acquired jointly after the wedding date
• Keep records of any financial contributions made to a partner’s premarital property, such as mortgage payments or renovations
• Consider whether any verbal or written agreements were made about how property would be handled if the relationship ended

Having this information organized early can prevent confusion and disagreement later in the process.

Talk to Fort Lauderdale Divorce Lawyers Who Understand Your Situation

A short marriage does not always mean a short process, particularly when years of shared history came before the legal wedding date. Every couple’s situation looks different, and the way Florida law applies to your specific assets and timeline deserves careful attention.

At the office of Sandra Bonfiglio, we work with couples throughout Fort Lauderdale to help them understand their options and move forward with confidence. If you are facing a divorce after a short marriage and want to better understand how property division might work in your case, we invite you to reach out to our Fort Lauderdale property division attorneys today.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html