The weeks and months before a divorce is filed are often the most financially consequential period of the entire process. For LGBTQ couples in Florida with significant shared assets, decisions made before you file can affect how property is divided and how long the process takes. Here are four mistakes worth knowing about before you take any action.
1. Moving or spending down assets before filing
Some people anticipating a split begin transferring money, gifting assets to family members or spending down joint funds. Florida courts see it differently. Under Florida law, courts must consider intentional dissipation of marital assets, and that lookback period extends two years before the filing date.
If a judge finds one spouse deliberately depleted marital assets, the court can award a disproportionate share to the other spouse and require the offending party to cover attorney fees and forensic accounting costs.
2. Draining or closing joint accounts
Draining a joint account before filing may feel like protecting yourself, but it often backfires. Florida courts scrutinize sudden or large withdrawals leading up to a divorce petition. Even if the money is technically joint, pulling it out without agreement can look like financial misconduct and affect how the court distributes assets.
Document the current state of all accounts and avoid major unilateral moves before speaking with an attorney.
3. Failing to get a complete financial picture
If you and your spouse divided financial responsibilities over the years, you may have an incomplete picture of what your marital estate actually includes. For LGBTQ couples who were together before marriage equality in 2015, this gap can be especially significant.
Assets from those unmarried years are generally nonmarital property in Florida unless they were commingled with marital funds. Before filing, make sure you have a full accounting of every asset, account and debt.
4. Making major financial decisions without legal advice
Refinancing your home, selling an investment property, changing beneficiaries or restructuring a business before speaking with a family law attorney can create complications that are difficult to unwind. Every financial decision you make before filing becomes part of the sworn financial record both spouses must submit to the court. The earlier you get legal advice, the clearer your picture of what you can and cannot do without hurting your position.
Your financial decisions today become court evidence tomorrow
In a Florida LGBTQ divorce, both spouses must submit a sworn financial affidavit disclosing all income, assets and liabilities. Every account you close, every transfer you make and every major financial move before filing becomes part of that official record.
A decision that feels reasonable today can look very different to a judge reviewing it months later. Getting legal advice before you file means you understand the rules before the process begins.
