Equitable Distribution in Florida
Divorce can be incredibly stressful and emotional, especially when what started as a plan to build a life together leads to what feels like a fight over who gets to keep “the stuff.” Trying to navigate the legal system and endless amount of paperwork in these times can feel like an overwhelming and never-ending battle, especially when trying to figure out who gets what and how much. Working with a qualified and experienced divorce attorney can help make the process a little easier.
At the Law Offices of Travis R. Walker, P.A., are here to help shoulder the load. Regardless of your situation, you can rest assured that this is not the first time we have seen a case like yours. As leading Stuart divorce lawyers, we understand the process of equitable distribution in Florida intimately and will lead you through it.
We Specialize in Family Law
The legal team at The Law Offices of Travis R. Walker, PA specialize in various areas of family law, including the following:
If you and/or your spouse are considering filing for divorce, then contact an experienced divorce attorney in Stuart, Florida for legal advice. Competent legal representation is an important part of securing the best outcome, particularly when it comes to equitable distribution.
What Is Equitable Distribution?
Equitable distribution is the process of dividing or distributing marital assets and liabilities between divorcing spouses.
Marital assets and liabilities refer to any debts incurred or assets that were purchased during the marriage. Marital assets can include vehicles, properties, and even cash. In the process of divorce, the State of Florida recognizes marital assets and liabilities, and the Court is required to divide them between each party fairly through the doctrine of equitable distribution. However, personal assets – assets that a spouse brought into the marriage – remain with the spouse and are not divided in this way.
In many cases, partners assume that equitable distribution is 50/50 but that is not always the case. “Equitable” is not the same as “equal;” fairness often dictates that assets and liabilities must be split in some way other than right down the middle. Equitable distribution is determined and calculated on a case-by-case basis and there are many factors and circumstances that go into determining how marital assets and liabilities are divided.
Factors Involved in Equitable Distribution
The first factor that a court will consider is whether the assets and debts in question are marital or separate property. What seems like an easy answer can quickly become complicated. For instance, one spouse may have brought separate property into the marriage, but the other spouse’s contribution enhanced its value. Depending on the nature of the contribution, the value added might be considered marital property.
Under Florida statute, some of the considerations in determining what division is equitable include:
- The duration of the marriage
- The roles and responsibilities of each spouse as caregiver to children and homemaker
- The economic footing of each spouse
- Whether one spouse contributed to (or paused their career or education for) the education or professional training of the other
- Whether there are assets or business interests that are more valuable when left undivided
- Whether it is in the best interest of a dependent child of the marriage to remain in the marital home
Division of assets and liabilities is not a strictly financial question. An equitable distribution lawyer advocates for a client based on individual facts and in consideration of factors like these to obtain a fair division of marital property that does not leave the client short-changed.
How The Law Offices of Travis R. Walker Can Help
At the Law Offices of Travis R. Walker, we understand that every client’s situation is unique. We take great care in handling client cases and consider all circumstances in a case to ensure the best possible legal outcome.
From a simple dissolution of marriage to more complex divorces, our team handles all types of divorce cases, including the following:
- Child support
- Child custody
- Equitable distribution
- Tangible and intangible assets
- Prenuptial agreements
- Postnuptial agreements
- Temporary relief
Through mediation, hearings, and trials, we represent clients diligently and effectively. We work to ensure our client receives their deserved rights and benefits. Contact our legal team today for a consultation with a Stuart divorce lawyer.
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