Divorce Laws Regarding Property and Asset Division
Florida is an equitable distribution state, which means marital assets in a Florida divorce are divided on an equitable basis, generally, but not always, 50/50. According to the 2011 Florida Statutes, the court begins with the assumption that the distribution should be equal, unless particular factors justify an unequal distribution. These factors include:
- Contributions to the care and education of children, and services as a homemaker
- The duration of the marriage
- The interruption of career or educational opportunities of a spouse
- The contribution of one spouse to the career or educational opportunities of the other spouse
- The desirability of one spouse retaining an asset free from any claim by the other party
- The contribution of each spouse to the increase in value of marital assets or to liabilities incurred
- The desirability of retaining the marital home for a dependent child
- The intentional waste or destruction of marital
What Does This Mean?
We carefully investigate all such factors, and use our best efforts to seek more than 50/50 distribution, if you have a legitimate claim that assets should not be divided equally. Our goal is to ensure you receive everything you rightfully deserve.
At Feldman & Schneiderman, P.L., we have the expertise to help you determine what property is exempt from the claims of your spouse and to advise you on the tax implications of alimony, child support and property distributions. We can help you understand the complex interplay of property division, alimony and child support.
Informing Our Clients
We want you to be informed about the laws regarding marital property in Florida so that you can make the best possible long-range decisions.
The division of marital assets and liabilities is a critically important part of the divorce process. It is natural to be concerned about receiving a fair resolution of your property rights. At Feldman & Schneiderman, P.L., we have over 50 combined years of experience obtaining fair distribution of marital property for our clients. We are also skilled in estate planning and the handling of retirement accounts. You can rest assured that we will help you make the right decisions.
For all Family Law matters, including Divorce, Alimony, Child Custody and Prenuptial Agreements, in Boca Raton, Palm Beach and Broward.