equitable-distribution

Miami Equitable Distribution Lawyer

Expert guidance for fair asset division in Miami divorce proceedings.

Equitable Distribution in Florida Divorces

In Florida, the equitable distribution law governs the division of assets and liabilities in divorce proceedings. Unlike a strict 50/50 split, this method focuses on fairness and justice, considering the unique circumstances of each marriage. CLS Law Firm specializes in navigating these complexities, ensuring that the division reflects the needs, contributions, and financial prospects of both parties involved.

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Distinguishing Between Marital and Non-Marital Assets

A critical aspect of equitable distribution is distinguishing between marital and non-marital assets. Marital assets are those acquired during the marriage, while non-marital assets are those obtained individually before or outside of the marriage. CLS Law Firm excels in accurately classifying these assets, ensuring that each party retains their rightful property.

  • Accurate Asset Classification: We provide expert assistance in distinguishing between marital and non-marital assets, safeguarding our clients' rights to their individual properties.
  • Protecting Individual Contributions: Our focus extends to recognizing both financial and non-financial contributions to the marriage, including homemaking and child-rearing efforts, reflecting their value in the distribution process.

Considering Economic Circumstances and Contributions

The equitable distribution process involves a thorough examination of each spouse's economic situation and contributions to the marriage. This includes evaluating career sacrifices, homemaking contributions, and the impact on future earning capacities. CLS Law Firm's detailed analysis ensures a fair consideration of all aspects, aiming for an equitable outcome that supports both parties' financial independence post-divorce.

  • Evaluating Financial Status: We assess the financial circumstances of each spouse, aiming to ensure that the division allows for a stable transition to post-divorce life.
  • Acknowledging Contributions to the Marriage: Our legal strategy includes a careful consideration of each spouse's contributions, from financial investments to caregiving and homemaking roles, ensuring these efforts are fairly represented in the distribution outcome.

Navigating Complex Factors in Asset Division

The equitable distribution process also takes into account the liquidity of assets, potential tax implications, and any actions that may have diminished marital assets. CLS Law Firm's strategic approach navigates these considerations meticulously, advocating for solutions that minimize financial strain and promote fairness.

  • Assessing Asset Liquidity and Tax Implications: Our attorneys analyze the nature of assets and their potential financial impact, advising on strategies that protect our clients' interests.
  • Addressing Diminution of Marital Assets: We diligently investigate any reduction in marital assets due to one party's actions, ensuring that the distribution accounts for these factors fairly.

At CLS Law Firm, we are committed to guiding our clients through the equitable distribution process with expertise, compassion, and a focus on achieving just outcomes. Our experienced attorneys understand the nuances of Florida's equitable distribution laws and work tirelessly to ensure that the division of assets and debts aligns with our clients' best interests, facilitating a fair resolution that honors the contributions and needs of both parties in the divorce.

Common Questions About Equitable Distribution

What qualifies as marital property in Florida?

In Florida, marital property encompasses all assets and liabilities acquired by either spouse during the marriage, regardless of the name on the title. This includes but is not limited to, income, real estate, debts, and personal property acquired from the wedding day until the filing for divorce.

How are assets valued during equitable distribution?

During a divorce, assets are valued based on their fair market value at the time of the divorce proceedings. Fair market value represents the price a willing buyer would pay to a willing seller in the market.

Can a prenuptial agreement affect equitable distribution?

Yes, a valid prenuptial agreement can significantly affect the distribution of assets and liabilities upon divorce, overriding Florida's standard equitable distribution laws by predetermining how specific assets and debts are divided.

Are inheritances considered marital property?

Inheritances received by one spouse are generally regarded as non-marital property and excluded from equitable distribution, unless those funds have been commingled with marital assets, making them part of the marital estate.

How does the court decide who gets the marital home?

The court considers several factors when deciding who gets the marital home, including the custody arrangements for minor children, each spouse's financial capacity to maintain the home, and the home's emotional significance to the family.

Is fault in the marriage considered in equitable distribution?

Since Florida is a no-fault divorce state, the reasons behind the marriage's breakdown are not typically factored into the equitable distribution of assets and liabilities.

How are retirement accounts handled in a divorce?

Retirement accounts are considered for equitable distribution in Florida divorces. Dividing these accounts may require a Qualified Domestic Relations Order (QDRO) to allocate shares without incurring penalties for early withdrawal.

What happens to joint debts in a divorce?

Joint debts accrued during the marriage are divided equitably between the spouses. This division aims to be fair but may not always result in a 50/50 split, depending on each spouse's financial situation and contributions.

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

The division of property outlined in the final divorce decree is typically considered final and cannot be modified, except in rare cases involving fraud or other significant legal issues that could affect the original distribution.

How are businesses valued and divided in a divorce?

Businesses owned by either or both spouses are valued by a professional business appraiser to determine their fair market value. The division of this value is handled equitably, potentially requiring one spouse to buy out the other's interest or deciding to sell the business and divide the proceeds.

Fair Share, Schedule a Equitable Distribution Consultation

Get a fair share of your marital assets in divorce proceedings. Our experienced attorneys will guide you through the equitable distribution process, ensuring you receive what you deserve.

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