Who Gets The Boat In A Divorce?
Florida is one of the best places in the world to own a boat. Whether it’s a small dinghy or a mega yacht, having access to the ocean is almost priceless. A day on the water is like no other, and you may be worried about losing these amazing moments as you head towards a divorce. What happens if you lose your boat? What happens if your ex takes away your yacht and gets to enjoy this amazing asset all for themselves? How can you fight for your rights to this valuable piece of property, and how do courts in Florida decide who gets the boat in a divorce? Let’s find out.
Your Best Bet is to Work it Out Behind Closed Doors
Like almost every other aspect of your divorce, it’s best to handle property division outside of court and behind closed doors. Coming to an agreement without going to trial is cheaper, quicker, more private, less stressful, and easier on the kids. The same logic applies to a dispute over a boat. The problem here is that a boat cannot be “divided” like money in a bank account or a pile of jewelry. Although you might be able to share the boat with alternating schedules, such arrangements are rarely viable.
Your only real option is to have one spouse keep the yacht while the other spouse receives something of equal value in return. This might be a car, stocks, bonds, a lump-sum payment, or anything else the spouses agree to. If having a boat is so important to both spouses, the logic here is simple: The spouse who receives something else in return can use these assets to purchase another boat of their own.
What If We Can’t Agree Who Gets the Boat?
If you and your spouse cannot agree who should get the boat, you have no real choice but to go to court. In this situation, a judge will have to decide what to do. Florida follows a system of equitable distribution, which means that judges will consider a range of factors to determine the most equitable solution.
Did one spouse work very hard to improve the value of the boat? Was one spouse doing most of the effort in maintaining the boat and fixing it? Did one spouse use the boat and enjoy it to a greater extent? These are some of the questions that a judge might ask when considering the most equitable solution.
Where Can I Find a Qualified, Experienced Divorce Attorney in Orlando?
Orlando family lawyer Steve Marsee, P.A. has been serving divorcing spouses for years, and you can book a consultation with him today to discuss matters related to property division or any other aspect of your divorce. Walking away with your fair share is important – whether you’re fighting for the house, the car, the dog, or even the yacht. With our assistance, you can get started with an effective action plan and strive for optimal financial security after your divorce.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
miasf.org/newsletter-detail.cfm?x=6481
