Dade City & Zephyrhills Property Division Attorney
In a divorce, all of the property (and debts) acquired by the couple during marriage must be divided. If the parties cannot agree between themselves how to do this, the court will decide for them, following a hearing in court. At the Mander Law Group, our Dade City & Zephyrhills property division attorneys are experienced in property division involving complex assets and liabilities and high net worth families. We work with couples to craft a property settlement agreement that is fair and meets your needs. When agreement cannot be reached, our lawyers provide aggressive representation in court to make sure your needs are met and that you are not taken advantage of in the division of property. Read on to learn more about the law regarding property division in a Florida divorce, and how the Mander Law Group can help.
Property division in Florida
A judge in a Florida divorce will divide the marital property and debts between the divorcing couple. The judge is required to make an “equitable distribution” of marital assets and liabilities. An equitable distribution does not require an equal 50/50 split, but it must be fair. The judge will start from the premise of making an equal distribution, but then may change the division based on a number of factors which may justify an unequal distribution. Some of these factors include the following:
- 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, such as an interest in a business, intact and free from any claim or interference by the other party
- The contribution of each spouse toward acquiring income or incurring debt, whether marital or separate
- The desirability of retaining the marital home as a residence for any dependent child of the marriage
- The intentional dissipation 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
How the Mander Law Group can help
Our attorneys can help you prepare and present a persuasive case that analyzes and incorporates all of the above factors to create a property division that is fair to you and meets your needs. Our experienced family law attorneys can also be of assistance in making sure that every asset and liability is identified, properly characterized as marital or separate property, and correctly valued. Since the judge primarily just deals with marital property, it is critical to establish whether a particular asset or debt is marital or separate. This issue can be complicated, as sometimes separate property can become marital property, and vice versa.
The value of an asset is also crucial to a fair distribution of property. Our Florida divorce lawyers help with complex valuations such as business valuations, self-reported income, unemployment or underemployment, and complex assets such as business interests, stock options and retirement plans. If a spouse is undervaluing or hiding an asset, we can help uncover it and make sure it is properly included in the property settlement.
Get Help with Property Division from Devoted and Experienced Florida Divorce Lawyers
For insightful, professional assistance with the property division in your Florida divorce, contact the Dade City & Zephyrhills property division attorneys at our offices in Zephyrhills (813-948-1422) and Dade City (352-567-0411).