Protecting Your Property Interests In A Divorce
A married couple filing for divorce in Florida will need to make choices concerning the distribution of their property. If the parties do not reach a mutually acceptable arrangement on their own or with a lawyer’s assistance, then a family law court must make an equitable division of the marital property. However, in the eyes of the court, “equitable” does not always mean an equal 50-50 split.
This is where The Day Law Office, in Spring Hill, Florida, comes in. Our experienced family law attorneys will help guide you through the process, protect your interests and make sure that you get the advantage.
Questions about property division in a Florida divorce? Read our FAQ page for answers to frequently asked questions, or contact us for answers specific to your situation.
What Is Considered When Distributing Property?
Florida courts consider many factors when distributing property in a Florida divorce. The first step is to separate each spouse’s nonmarital assets and liabilities. From there, the court assumes that the distribution should be equal unless unequal distribution is justified based on all relevant factors. Under Florida Statute 61.075, those factors include:
- The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker
- The economic circumstances of the parties
- The duration of the marriage
- Any interruption of personal careers or educational opportunities of either party
- The contribution of one spouse to the personal career or educational opportunity of the other spouse
- The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party
- The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties
- The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated
- The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within two years prior to the filing of the petition
- Any other factors necessary to do equity and justice between the parties
Call Us To Get Straight Answers And Sound Legal Counsel
Your divorce property settlement will have an impact on your financial future for years to come. Don’t take anything for granted and know what your options are before you agree to anything. We have extensive experience helping clients get what they deserve in a divorce—especially in separations involving complex assets – and we look forward to helping you, too.