equitable-distribution

Equitable Distribution 

Our attorneys provide legal assistance to clients involved in the division of marital assets and debts during divorce, guiding them through Florida’s equitable distribution laws.

Equitable Distribution in Florida Divorces

In Florida, the division of assets and liabilities during divorce is governed by equitable distribution law. This approach does not require an exact 50/50 split but instead involves a fair division based on the specific circumstances of the marriage. We assist clients in understanding this process by helping evaluate each party’s financial situation, contributions, and future needs in accordance with Florida law.

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Distinguishing Between Marital and Non-Marital Assets

A component of equitable distribution in Florida divorce cases involves identifying which assets and liabilities are marital and which are non-marital. Marital assets generally include property and debts acquired during the marriage, while non-marital assets are those obtained individually prior to the marriage or through inheritance or gift.

  • Asset Classification Guidance: CLS Law Firm assists clients in evaluating and documenting asset ownership, helping to distinguish between marital and non-marital property in accordance with Florida law.

  • Valuing Contributions: We consider both financial and non-financial contributions, including homemaking and caregiving roles, as part of the overall distribution analysis.


Evaluating Economic Circumstances and Contributions

Equitable distribution takes into account each spouse’s economic situation and their contributions to the marriage. This may include examining income, future earning potential, and any personal or professional sacrifices made during the relationship.

  • Financial Evaluation: We assess the economic status of each spouse to support informed negotiations or court proceedings.

  • Contribution Analysis: Our legal team reviews each spouse’s role during the marriage—whether financial, caregiving, or otherwise—as a factor in equitable division.


Addressing Complex Factors in Asset Division

Asset division may involve more than simply assigning property—it can require analysis of liquidity, tax exposure, and asset dissipation.

  • Financial and Tax Considerations: CLS Law Firm advises clients on potential tax implications and liquidity of various assets, such as real estate, retirement accounts, and business interests.

  • Review of Marital Asset Reduction: We examine instances where assets may have been depleted by one spouse and advise on how such actions might impact equitable distribution.


Legal Support for Equitable Distribution

CLS Law Firm provides legal representation throughout the equitable distribution process in Florida divorce cases. Our attorneys work to ensure that property division complies with applicable statutes and is tailored to the specific facts of each case.

Common Questions About Equitable Distribution

What qualifies as marital property in Florida?

In Florida, marital property generally includes assets and liabilities acquired by either spouse during the marriage, regardless of the name on the title. This may include income, real estate, debts, and personal property obtained from the date of the marriage until the filing for divorce.

How are assets valued during equitable distribution?

During a divorce, assets are typically valued based on their fair market value at the time of the divorce proceedings. Fair market value is generally defined as the price a willing buyer would pay to a willing seller in an open market.

Can a prenuptial agreement affect equitable distribution?

A valid prenuptial agreement can influence the distribution of assets and liabilities upon divorce by establishing terms for dividing specific assets and debts, which may differ from Florida's standard equitable distribution laws.

Are inheritances considered marital property?

Inheritances received by one spouse are generally considered non-marital property and may be excluded from equitable distribution, unless those funds have been mixed with marital assets, thereby becoming part of the marital estate.

How does the court decide who gets the marital home?

The court takes into account several factors when determining the disposition of the marital home, such as custody arrangements for minor children, the financial ability of each spouse to maintain the home, and the home's significance to the family.

Is fault in the marriage considered in equitable distribution?

In Florida, which is a no-fault divorce state, the reasons for the marriage's breakdown typically do not affect the equitable distribution of assets and liabilities.

How are retirement accounts handled in a divorce?

Retirement accounts are considered in the equitable distribution process during Florida divorces. Dividing these accounts may involve using a Qualified Domestic Relations Order (QDRO) to allocate shares while aiming to avoid penalties for early withdrawal.

What happens to joint debts in a divorce?

Joint debts incurred during the marriage are divided between the spouses in a manner the court considers equitable. This division may not always be equal and depends on factors such as each spouse's financial circumstances and contributions.

Can the division of property be modified after the divorce is final?

The division of property as stated in the final divorce decree is generally considered final and is not subject to modification, except in limited circumstances such as fraud or other significant legal matters that may impact the original distribution.

How are businesses valued and divided in a divorce?

Businesses owned by either or both spouses are typically valued by a professional business appraiser to determine their fair market value. The division of this value is handled in a manner deemed equitable by the parties or the court, which may involve one spouse buying out the other's interest or deciding to sell the business and divide the proceeds accordingly.

Schedule an Equitable Distribution Consultation

Our attorneys provide legal assistance with the division of marital assets during divorce proceedings. We work to help ensure that property and debts are divided in accordance with Florida law and based on the specific circumstances of each case.

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