It may have seemed like a great idea to purchase sought-after season tickets or coveted end-of-season game tickets with your spouse, but it can get complicated if the marriage goes south before the big game. With the Super Bowl in our rearview for 2022, it makes you think: how would you split a single Super Bowl or World Series ticket in a divorce?
In our experience, one of the hardest parts of a divorce is dividing property. Florida is an equitable distribution state. This means that in a divorce, the initial presumption is a 50/50 split. While Florida courts shoot for “equitable distribution,” one party may not necessarily receive an equal share. Because there are thousands of scenarios and situations that determine a fair split, there are many rules applied to provide the fairest possible division. When an asset cannot be divided in half and shared by both, the outed spouse may receive a different asset or compensation in exchange.
This, of course, can be a painful and difficult process that can sometimes turn hostile. You think we’re kidding, but it’s true! There is the case of the divorced couple who had a feud over their season tickets to the world series in 2016. The couple were big Chicago Cubs fans and it had been 71 years since they had made it to the world series. They purchased the tickets before the divorce and now both of them want to be the parent to bring their 12-year-old son to the game. The courts got involved and it got messy. The judge decided that the husband could keep the tickets only if he agreed to also purchase another ticket, somewhere else in the stadium, for his soon-to-be ex-wife at a comparable cost, which at the time was over $3,000. Talk about an awkward game!
While this is an extreme case, you can see why it is valuable to understand the classifications of marital property in Florida. These categories also apply to all debt incurred before or during the marriage.
Marital Property: Includes any property acquired during the marriage, our ticket dilemma would fit into this category. Vehicles, homes, and even vacations are considered marital property if they were obtained during the marriage. In Florida, these assets are equally split between the spouses in a divorce.
Separate (Non-Martial) Property: Includes any property acquired prior to the marriage, inheritances, and gifts. In Florida, this type of property is not subject to division unless it is converted to marital property during the marriage (a premarital agreement can prevent this from happening).
So how can you best prepare for dividing your property? We have 2 main tips to get you started.
- Prioritize – It is vital to take stock of assets acquired during the marriage and how they were used to decide what is worth fighting for. There may be items that do not mean much to you, like that ratty set of camping chairs, and also items that have deep meaning to you, like a Super Bowl Ticket. These things should be discussed right away so that the process can move forward.
- Be Honest – Even though hard feelings are felt by both parties during a divorce, it is never a good idea to withhold information or downright lie about property. Not only can the courts punish active deception like this, without total honesty, your lawyer cannot do their part in protecting and fighting for you.
Divorce is never easy, but there are ways to prepare yourself for the road ahead. If you are in the divorce process and need help sorting out the division of marital assets, the law office of McCart and Tesmer is here for you. Give us a call for a free consultation today – 813-498-2757
