Other than issues involving children, division of marital property (equitable distribution) is often the most contested issue in a divorce proceeding.
When property and assets have been acquired during the course of a marriage, and that marriage is entering into a divorce proceeding, the division of marital property and assets must be negotiated prior to the divorce being finalized. Property division (equitable distribution) is extremely important consideration in any divorce because acquired property may not only have financial worth implications, but often also involve sentimental value.
Ronald L Sims, P.A., represents the legal rights and goals of those involved in equitable division of marital property, divorce, or other family law issues or disputes in Orlando and the Central Florida area. For a confidential legal consultation, please call 407.843.5885.
When fair distribution of marital property cannot be reached through mediation, Florida courts then have the responsibility to fairly divide the marital and non-marital property of the spouses which were acquired during the course of a marriage. When determining fair equitable division of marital property, the courts will make no distinction as to whose name the property may be titled in. This is because property acquired during a marriage is considered to be joint property.
For determining what assets and debt are marital, the law provides that the time-line used will be the date of the marriage to the date of the filing of the petition or the date of the entry into a valid separation agreement or the date that the judge determines to be just and equitable under the circumstances. Any assets or debt you brought into the marriage, to the extent it has retained it's non-marital character, will be yours going back out of the marriage. Any inheritances received during the marriage are non-marital to the extent any portion has not been gifted.
In dividing your assets and debt, the court must start off with the presumption of an equal distribution of marital property and assets, but courts can and do make unequal distributions based upon the circumstances.
If you have questions, concerns, or legal needs regarding equitable division of marital property, divorce, or other family law issues, we urge you to seek the legal advice of experienced legal counsel.