The following information about family law and agriculture is from Cari Rincker at Rincker Law PLLC, via the National Agricultural Law Center.

While a majority of Floridians live in cities, the state still has a lot of farmers. What to do with a family business during a divorce is always a tricky question. Most of the time, the business is either a massive boon or an albatross. What many people don’t consider is that for some Floridians their farm is a family business. So how do families divide up a farm in a divorce? This and many other questions are answered in the Family Law Issues in Agriculture Factsheet series.

Keeping The Farm Business Intact

For most divorces, assets are divided between the couples. A majority of couples and lawyers consider this to be the modern standard. However, dividing a farm or agriculture business is typically either counterproductive or impossible. The best solution is for the lawyers to establish different responsibilities for the involved parties. Each spouse maintains equity in the farm.

Farm Succession & Estate Planning Considerations

If a farm has been divided due to a divorce, it can be reunited if both holding parties pass away. For this to happen, the deceased must leave their respective shares to the same person or trust. Once a divorce happens, both spouses need to update their estate planning documents. The new documents need to reflect the change in property for the spouses. For example, directing what shares of the land go to the children. Additionally, what happens in the eventuality that one, but not both spouses pass away. The following information is from Cari Rincker at Rincker Law PLLC, via the National Agricultural Law Center.

While a majority of Floridians live in cities, the state still has a lot of farmers. What to do with a family business during a divorce is always a tricky question. Most of the time, the business is either a massive boon or an albatross. What many people don’t consider is that for some Floridians their farm is a family business. So how do families divide up a farm in a divorce? The Family Law Issues in Agriculture Factsheet series answers this question alongside many others.

Nuptial Agreements

Prenuptial agreements aren’t just for the rich and famous. These agreements are particularly important if one party is entering a marriage with a family farm. To avoid that farm potentially splitting in the future, prenuptial agreements are invaluable.

Community Property

The following states have community property law: Texas, California, Arizona, Washington, Idaho, Nevada, New Mexico, Wisconsin, Alaska, and Connecticut. In those states, property belonging to both spouses is split 50/50 upon divorce. If you live in one of the above states, determine if the farm to maintain individual property status or not.

Alternative Dispute Resolution

Alternative dispute resolution is the alternative to divorce litigation. It is a good way to avoid the time and expense of divorce court. Mediators move the process through a specific set of steps.

  • Mediation
  • Arbitration
  • Early Neutral Evaluation
  • Conciliation
  • Collaborative Divorce