DIVISION OF MARITAL PROPERTY
During a Divorce, the distribution of marital property and assets may be extremely complex and highly disputed between the spouses. The State of Florida is an “Equitable Distribution” state. Notice that the term is “Equitable Distribution” and not “Equal Distribution.”
Dividing marital property and assets during a divorce generally involves property and assets obtained during a marriage. Many factors considered in a divorce and the “equitable” division of marital property, include, but is not limited to:
The duration of time that the marriage lasted (minus a long period of separation);
The physical and emotional health of the parties;
The property and assets of the divorced spouses before the marriage;
Prenuptial agreements signed before the marriage, or postnuptial agreements signed during the marriage;
The conversion of marital assets by either spouse to private use during the marriage; or
The intentional liquidation or hiding of marital assets by either spouse.
In a contested divorce, the spouses may use the mediation process as a way to negotiate how they should divide the marital property and assets. In the event a successful resolution cannot be reached through mediation, the judge will hear all relevant arguments and render a ruling that both parties must follow.
In an uncontested divorce, the division of marital property and assets is usually much more straightforward. Both parties will often work out the details of equitable distribution and present a mutually agreed-upon settlement to the court for approval.
The Soto Law Office, P.A. is a dynamic and trustworthy law firm that serves the Family Law legal needs of those in Central Florida. Our team listens, cares, and provides excellent client service.
Contact Attorney Kimberly M. Soto and her staff at 321.972.2279 to discuss your concerns regarding the distribution of marital property or any other issues you may have.