Thursday, September 10, 2015

Fair and Equitable

Divorce laws in the United States of America are now no-fault in all the states.  New York went "no-fault" in 2010.

The states are divided into two groups:

Community Property states (e.g., California)

Fair and Equitable states (e.g., Florida)

Community Property states treat almost all assets and debts obtained during the marriage as marital property (belonging to the “marital community”) regardless of which spouse is the formal owner. Assets and debts acquired prior to the marriage or after separation are characterized as separate property. In community property states, marital community assets and debts are typically divided equally upon divorce and separate property is awarded to the original owner.

"Fair and Equitable Treatment" is such an important concept that there should be an International Standard defining it.  There is Fair and Equitable Treatment.

Florida courts should not be allowed to be less "Fair and Equitable" in their Treatment of no-fault spouses than an International Investor.

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