The act of collecting rare and collectible cars remains a popular hobby for many individuals. In fact, several individuals engage in the collection of notable cars as a means of investment and as a couple, they build a joint portfolio of vehicles. When marriages turn into divorces, what happens to the prized collections, and how does the marital status change the nature of co-ownership? adultery laws florida might come into play.

The Passion of Collecting Cars
Have you ever heard a friend or colleague say that he or she wished they saved up their money to collect vehicles as a hobby instead of investing that money into the stock market? In fact, vehicles continue to be a popular area for investment because the prices of rare and collectible cars have skyrocketed over the last few years. In the year 2000, the average collector car sold at auction for about $35,000. As of 2016, the average was about $204,000. The combination of several factors has contributed to the recent success of the collector car market.

Adulterous Marriages
When a couple makes the commitment to marry, there is an expectation of certain degrees of fidelity during the course of the marriage. In the event that one of the partners engages in adulterous behavior, the very foundation of the marriage can become shaky.

Image of Adultery
Engaging in adultery has consequences. In the realm of real property, adultery laws in Florida are one of the legal issues. Adultery minutely refers to sexual relations that happen among two people in which at least one is married to a third person at the time of the relation. In some jurisdictions, the term “sexual conduct” has been used in lieu of “sexual relations.” Depending on the jurisdiction, the laws might vary slightly. Regardless of the differences in definitions, the nature of “adultery” focuses on violating the expectations of fidelity within a marriage.

Florida Law on Adultery
Under Florida law, adultery is an offense for divorce, which means that cheating can be grounds for divorce. Adultery can potentially have the effect of hurting the victim’s spousal rights, so whether adultery can result in punishment versus whether it will be forgiven in the future are essentially two sides of the same coin. Adultery will not be the sole reason a divorce can be filed – the couple must have differences that are irreconcilable in order to obtain a divorce.

Florida is a no-fault divorce state, which means that the person filing for the divorce does not have to physically prove “fault.” Rather, it is often established that the marriage is no longer viable for various types of reasons.

If a spouse is aware of the other spouse’s adultery and forgives him or her, he or she will usually be unable to later choose adultery as a ground for divorce. Adultery can, however, come into play when deciding divorce matters. One of the spouses might get alimony, and the adultery can be considered as part of the situation when determining the payout.

Protecting the Investment
While there are legal ramifications involved with sharing your investments with your partner or spouse, you cannot discount the emotional and business-related aspects of the investment. It is important to discuss the collection and desired outcomes with your partner during the course of the relationship. This is especially true in the event that the relationship does take a turn and divorce proceedings become the future reality. Many times, collectors will seek legal representation to create prenuptial agreements or post-nuptial agreements to protect themselves.

Example: Stephen Williams’ Collection
Stephen Williams, a successful entrepreneur, and owner of “The Horsepower Garage,” had an extensive collection of about 800 vehicles. He and his wife, Linda, were married in 1995 and lived on their luxury estate in West Palm Beach. After some time, they began to divide in their relationship and ultimately, they separated. In 2013, Linda claimed that Stephen committed adultery, and she filed for divorce.

A dispute ensued regarding the items in their shared collection. They shared a 44,000 square foot mansion, and she filed for divorce. Aside from sharing the mansion, they also shared a collection of about 800 vehicles. As part of the divorce proceeding, Linda filed a motion to partition the collection and sell most of the vehicles. In some states, it is illegal to split up a collection like this one and sell parts of it. Though each state has its own laws regarding marital properties, this can become a complex matter.

An experienced Florida divorce attorney will help you navigate the fine legal details associated with divorce. In addition, you’ll have the tools necessary to protect your assets, such as rare and collectible cars, throughout the process.

For more information on divorce laws, you can visit Nolo’s guide to divorce laws.