Marital Property Division in Florida Divorce
By Charles E. Willmott, P.A.
Feb. 21, 2013 11:45a
What is involved in dividing and distributing marital property when you go through a divorce in Florida? This can be a difficult and complicated issue, especially in cases of complex financial histories, high net-worth, and those involving highly contested divorces. The general rule is that Florida is an "equitable distribution" state, which means that marital property and assets are divided as fairly as possible. Fair does not always mean equal, however. Many factors may influence how this issue is determined by the courts. The court may look at what each party has contributed to the marriage, how long the marriage has lasted, and what the financial condition of each spouse will be once the divorce has been finalized. Further factors include the issues of alimony, child custody, and child support.
As an example, where one spouse retains the family home, the other may be given a credit or award based on his or her percentage of value in the current market. A spouse who has attempted to hide assets, transfer them, or otherwise financially and unfairly deprive the other or who has been the cause of adverse harm to the other may find they are financially penalized for their behavior through the court. Couples who have a valid premarital or post-nuptial agreement may also be subject to the terms created by those agreements. Each case will have its own unique set of financial and marital property facts and circumstances; property division is determined on a case-by-case basis.
Divorce Lawyer in Jacksonville, Florida
Going through a divorce is almost never easy. Many issues will be involved which will require thorough consideration and decision, such as those involving the division of marital property and debt, custody and parent plans for children, and more. Protecting your assets, parental rights, and other facets of your life which will be impacted by divorce is essential. With experienced legal help and guidance, this can be accomplished.
The divorce and family law firm of Charles E. Wilmott, P.A. serves clients in and around the greater Jacksonville area with expert legal representation. Attorney Wilmott is Board-Certified by the Florida Bar in divorce and family law. This certification means he is a legal specialist who has undergone rigorous requirements regarding training and experience and who has a proficiency level far superior to other lawyers. With more than 20 years of legal experience and this outstanding credential, you will have the peace of mind of knowing that your divorce or family law issue will be handled with the utmost professionalism. Contact the firm to schedule an appointment to discuss your legal matter today.