When dividing assets in a Florida divorce, one common question is whether a spouse that uses nonmarital funds to pay marital expenses converts the asset from non-marital to marital. The recent case of Rose v. Rose (November 2025) provides important guidance.

In Rose, the husband owned a construction company that the court classified as nonmarital property. During the marriage, he used the company’s accounts to pay personal and marital expenses. The trial court ruled that this use converted part of the business into a marital asset and awarded his wife half the business value.

The Second DCA reversed the trial court, holding that the use of nonmarital funds for marital expenses does not automatically convert the asset into marital property. Only when nonmarital funds are mixed with marital funds (e.g., deposited into a joint account) or there is clear intent to gift does the classification change.

Florida law is clear: Payment of marital expenses with nonmarital funds does not change ownership classification unless commingling or gifting occurs. It is important to keep marital and non-marital accounts separate to avoid commingling.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.

Pros of a default divorce

Photo by Billie Grace Ward.

The default method allows some people to obtain a divorce without paying as much in attorney’s fees or court costs for appearing at hearing or trials. They also don’t have to provide any financial information regarding their income or assets. All of these things have to be disclosed in a regular divorce and can take a lot of extra time and stress. Some couples agree to a default divorce in advance to avoid having to deal with these things. They decide that one spouse will file and ask the court to issue specific orders and the other spouse will not respond. This also allows the couple to resolve all of their divorce issues outside of the courtroom.

Cons of a default divorce

Sometimes default divorces are used by attorneys to pull a fast one on an unknowing spouse. Other times, the defendant’s spouse does not completely understand what’s being requested in the divorce complaint or may fail to realize that they are completely giving up their rights by not responding.

How to pursue a default divorce

If you want to pursue a default divorce, many state court websites have links to court forms and step by step directions. If this isn’t the case, your local courthouse will have the proper divorce forms and self help centers.

According to a study co-authored by Britt, “Examining the Relationship Between Financial Issues and Divorce,” marriages where couples that argue about money are far more prone to dissolve. The study even contends that this is true no matter what a couple’s combined income, debts, or net worth are. When couples get married and their normally separated financial habits are merged, and in order to avoid falling into the growing group of over 50 percent of marriages that end in divorce, keen communication between couples regarding finances is critical in a successful relationship.

Respecting one another, formulating a shared budget, planning for the long term, and transparency are all key in avoiding money-fueled arguments in a marriage. Spending habits are often shaped in one’s upbringing and throughout their childhood. Respecting each other’s individual perspectives and financial experiences is necessary. Similarly, sitting down with your significant other and hashing out a budget each month that tailors to both of your respective trends and habits. So long as you are writing a budget out and keeping to it at least relatively closely, this practice will greatly aid in avoiding arguments about each other’s spending. Furthermore, planning for the long term is of equal importance. Even planning such things as 3, 5, and 10 year career and financial goals is a healthy practice. Working closely with a financial planner is always a sound idea to consider when planning for your child’s education, your retirement, and making careful investments. Securing your financial future will go a long way in strengthening your marriage in the here and now. Most importantly however, is transparency with your partner. Sitting down and debriefing as often as once a month is crucial to your financial success. Talking about unanticipated spending, big ticket purchases, and goals can help immensely as well as simply touching base on who is monitoring the investments and savings from month to month.

Proper communication in a marriage is key, but financial transparency and planning for the future are also necessary in avoiding arguments that could be fatal to a relationship.

Via: CNBC

One of the things many people don’t fully understand about divorce, though, is what happens with a family business.

This is a major issue, as the U.S. Census estimates there to be 3.7 million businesses owned jointly by a husband and wife in the United States. In many cases, these will be considered community property, which can make transitions tricky. In one case, California resident Kassy Perry was prevented from simply shutting her public relations business down, and was forced to write an $800,000 check to her husband to buy out his portion.

Depending on the role each spouse has in the business, things can often be neatly resolved. For instance, if one spouse is a surgeon and the other is the office manager, the business will usually survive the divorce, as a new office manager can be outsourced. If, on the other hand, a husband and wife doctor couple open an office together, then the business will often have to split, since both partners will be seen as equally integral to the business.

The solution to this problem is a little tricky, as well. Obviously, the best way to prevent any issues is to detail what happens with the family business in a pre-nuptial agreement. Reality is often far from ideal, however, and many people find themselves facing this issue long after a pre-nuptial agreement was on the table. In such situations, it is often best to have the family business valuated, and then have the spouse who wants to keep running the business simply buy the other person out.

Often times, “buyouts” such as that will either be in exchange for other marital assets, or payment plans will be structured over time. In absolute last case scenarios, the business can be sold, and the proceeds split in half, but that is understandably a last resort for most couples.

If you are facing a divorce, are unable to come to an agreement about your family business, or are dealing with any other family law matter, do not hesitate to get in touch with a skilled family law attorney today.

Source: https://www.cbsnews.com/news/who-holds-onto-the-family-business-when-couples-divorce/