Portability Benefit - Family Diplomacy | A Collaborative Law Firm

Florida’s Save Our Homes Portability Benefit and Divorce: Is it a Marital Asset?

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If you are going through a Florida divorce, you may worry about how to protect your home, your long-term tax burdens, and your financial stability. Many high-income professionals focus on dividing the home itself, but Florida’s Save Our Homes Portability Benefit also carries real value. If you have established a homestead in Tampa, St. Petersburg, Sarasota, or elsewhere in Florida, this benefit can reduce your future property taxes, yet it is often overlooked during divorce. When you understand how it works, you can make better decisions and avoid losing tax advantages that could protect your financial future.

Quick Answer: Is Florida’s Save Our Homes Portability Benefit a Marital Asset?

Yes. Florida’s Save Our Homes Portability Benefit is usually treated as a marital asset because it grows during the marriage and can reduce future property taxes for one or both spouses. It has a value that can be taken into consideration when reaching a divorce agreement.

Key Takeaways

What the Save Our Homes Portability Benefit Actually Is

Florida’s Save Our Homes law limits how fast your homestead’s assessed value can rise. Even when the market value increases sharply, the assessed value can only increase by 3% or the Consumer Price Index, whichever is lower. This creates a gap between market value and assessed value, known as the assessment difference. Over time, this difference becomes meaningful because it reduces your property taxes year after year.

Portability allows you to take up to $500,000 of that assessment difference with you when you establish a new Florida homestead. This lower starting assessment can reduce your taxes for many years, especially if you plan to stay in your new home long-term.

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Kiplinger Prenup Postnup Financial Planning - Family Diplomacy | A Collaborative Law Firm

Kiplinger: “Think of Prenups and Postnups as Financial Planning Tools”

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In an insightful article in Kiplinger, “Think of Prenups and Postnups as Financial Planning Tools,” Andrew Hatherly, a Chartered Retirement Planning Counselor, delves into how prenuptial and postnuptial agreements are not just for those planning for the worst.  Rather, they can be essential tools in financial planning, particularly for couples marrying later in life. This blog post discusses the contents of article, which you can read here.

When you think of prenuptial and postnuptial agreements, what comes to mind? For many, it’s the idea of planning for a potential divorce. However, these agreements can be so much more than just a contingency plan—they can be crucial financial planning tools that help you and your partner start your marriage on solid ground, especially if you’re marrying later in life or have substantial assets.

Why Consider a Prenup or Postnup?

In today’s world, where financial independence is increasingly important, prenups and postnups (which is like a prenup, but it is signed after you are already married) offer a clear framework for managing your assets. Whether you’re entering a marriage with significant wealth, a business, or debts, these agreements provide clarity. They help you and your partner establish expectations and protect what matters most to you both.

If you’re getting married later in life, you likely have accumulated assets, retirement accounts, or even a business that you want to safeguard. A prenup or postnup can protect these assets and ensure they’re distributed according to your wishes, not just the default laws of your state. Additionally, if one or both of you have children from a previous marriage, a prenup or postnup can help ensure that they’re provided for.

Debts: A Growing Concern

Let’s not forget about debt. Whether it’s from student loans, credit cards, or a previous mortgage, debts are increasingly common. A prenup or postnup allows you to specify how these liabilities will be managed during your marriage. This means one partner isn’t left responsible for the other’s debts, which can alleviate a significant source of stress and conflict.

Financial Transparency and Communication

One of the biggest benefits of drafting a prenuptial or postnuptial agreement is the open financial dialogue it fosters between you and your partner. These agreements require both you and your fiancé/spouse to fully disclose their financial situation, including assets, debts, and income. This transparency can prevent future misunderstandings and ensure that you both are on the same page when it comes to money management.

It’s not just about protecting yourself; it’s about ensuring that your financial partnership is built on honesty and mutual respect. By having these discussions early on, you set the tone for how you’ll handle financial decisions throughout your marriage.

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Marital House - Family Diplomacy | A Collaborative Law Firm

Divorce: Who Gets The House?

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If you are like most other individuals in Florida, your home is your most valuable marital asset. So if you are contemplating a divorce, one of your first questions will likely be, who gets the house, if anyone?

You may be concerned that your name is not listed on the deed of your marital home. However, in Florida, if you purchased the home during your marriage using marital funds, your home is presumed to be marital property, regardless of in whose name it is titled. This means that each spouse is entitled to half of the equity in the home (and responsible for half the loss if it has lost valued).

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Will a Florida Judge Order a Doggy Custody Schedule?

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When two people are getting divorced in Florida, and they have one or more minor children, a custody schedule (now known in Florida as a time-sharing schedule)  must be established.  Approximately 90-95% of all cases settle at some point (whether it is before the filing of a petition for divorce or after spending tens or hundreds of thousands of dollars preparing for or even going through trial), and so the parties generally end up agreeing to a child time-sharing schedule.  But in those times where they do not agree, a Florida family law judge will take the decision out of the hands of the parents and set a time-sharing schedule.

But divorce doesn’t only affect the children.  It also affects the family pets.  So will a Florida judge order a doggy (or kitty) custody schedule?

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Equitable Distribution: How to Divide My IRA?

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In a divorce proceeding, the court will divide the parties’ marital property and debts in a process called “equitable distribution.”  The court starts with the presumption that property should be divided equally, but it may adjust the distribution based on various factors including (i) the relative economic circumstances of the parties, (ii) any interruption of personal careers or educational opportunities, and (iii) the intentional waste or destruction of assets.

Retirement accounts require special attention during the equitable distribution process.  George Saenz at Fox Business News discusses this:

Not only are you getting separated from your spouse, but also your money. An individual retirement account, or IRA, belongs to the spouse that established it. You generally cannot transfer money from one spouse’s IRA to the other spouse’s account. An exception exists in the case of a divorce.

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