Will Our Property Be Divided Equally?

When you are seeking a divorce, the Florida courts will equitably divide the property that was acquired during your marriage. Equitably does not necessarily mean equally. his property is commonly referred to as marital assets.

Florida law provides that it would be a good starting point to divide marital assets 50-50. If the court intends on making a distribution of marital assets that is not equal, the court is required to consider a list of items, and to make specific findings of fact in the final judgment as to why the distribution is not equal.

The Florida statute which gives the judge authority to divide the marital assets is found under Florida statute 61.075, which is known as the Equitable Distribution statute.

If the court intends on making an unequal distribution of marital assets the court will examine the following list:

The contributions to the marriage by each spouse, including contributions to the care and education of the children and services as a 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 careers or educational opportunities of the other spouse.

The desirability retaining any asset, including an interest in a business, Corporation, or professional practice, intact and free from any claim or interference by the other party.

The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets the parties.

The desirability retaining the marital home as a residence for any dependent child of the marriage, or any other party when it would be equitable to do so, or it is in the best interests of the child or that party.

The intentional dissipation, waste, depletion, or destruction of marital assets have to 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.

The division of the assets that have been accumulated during the marriage is usually not the most difficult task for a judge. The more complicated issue usually is placing values on various items of property the court intends on dividing.

The issue of dividing the property can often times become complicated and complex, depending on the nature of the specific type of property involved.

Please visit my website at www.AlanBurtonlaw.com for more information about my background and experience. I have well over 30 years of experience litigating divorce cases in South Florida, including courts in Fort Lauderdale, Delray Beach, Miami, West Palm Beach and throughout the region. My primary office is conveniently located on Glades Road, just west of I-95 in Boca Raton.

My initial consultations are always free. I would urge you to call me and meet with me, so that I can educate you as to your legal rights.