Who Gets the Boat in a Miami Divorce?

 Posted on November 30, 2023 in Property Division

Divorce in Florida can be an emotionally grueling process, especially when it comes to dividing assets. In Miami, a city renowned for its boating culture, the question of who gets the boat can be a significant point of contention. If your marriage is dissolving and a family boat is an asset that will need to be addressed, contact a qualified lawyer. Your attorney will not only assist you in protecting your interests but will also ensure that the decisions you make will legally benefit you in the short and long term

Classification as Marital or Separate Property

The first step in determining who gets the boat in a Miami divorce is to establish whether the boat is classified as marital or separate property. Was the boat purchased during the marriage? If so, it may be considered marital property. What if the boat was purchased by one of the spouses before the marriage? In that case, the boat may be regarded as separate property and, therefore, protected from division. Furthermore, if the boat was acquired through an inheritance or gift, it may be considered separate property. Discuss with your attorney which of these scenarios rings true for your situation

Equitable Distribution in Florida

Florida follows the principle of equitable distribution, meaning that assets during the divorce will be divided equitably instead of exactly equal. When it comes to the boat, the court will consider many factors, including the financial contributions of each spouse towards the purchase if it was purchased during the marriage—as well as who has been responsible for paying for the maintenance and any improvements made to the boat. Additionally, the court may consider the length you and your spouse were married, your economic circumstances, and any other relevant factors in determining how the boat can be part of an equitable distribution of assets

Co-ownership and Usage 

If both spouses co-own and actively use the boat, the court may consider granting joint ownership or shared usage rights. This arrangement may be suitable if both parties have a genuine interest in boating and can demonstrate a willingness to cooperate with the boat’s maintenance and expenses. However, if one spouse has little or no interest in boating, the court may award sole ownership to the other spouse.

Contact a Miami, FL Divorce Attorney

For legal representation in South Florida, contact the esteemed Miami, FL divorce lawyer with Miami Family Law Group, PLLC. Call 305-520-7874 for a private consultation