Property Division Equitable Distribution

Helping You Navigate The Property Division Process During Divorce

In Florida, the assumption is that marital property should be distributed equitably after a marriage is over. This may sound simple on the surface but can be challenging to carry out.

There are a number of considerations that must be determined before splitting your assets. Shaughnessy Law‘s attorneys can help you through the process whether your assets are few and simple, or extensive and complex.

A Fair Split

Our divorce lawyers will help you go through your property and help you decide how to split assets, which may include homes, vehicles, investments, retirement benefits and debts. We will also discuss:

Marital versus non-marital assets

Some of your assets may not count as marital property. This may include anything that you brought into the marriage, property gained after separation, inheritances or gifts. We will explain the difference, and defend your rights regarding what should and should not be considered exclusively yours.

Value

High-end property, or property that has particular sentimental or practical value, may be particularly difficult to evaluate. If necessary, we can work with accountants and appraisers to determine a number.

Equitable distribution

If we feel that equitable distribution would be unfair for any reason — such as intentional destruction of assets by your spouse — we will explain to the court why a different split is more appropriate.

Filing date

This is crucial to the process of a divorce. Any property gained after that date may not be considered part of the couple’s common property. Any new debts may be the sole responsibility of the spouse who acquired the debt.

Interaction of property division and other divorce matters

Some of the decisions you make in this area may affect other parts of your divorce, such as parenting and alimony.