Equitable Distribution of Marital Assets
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Equitable Distribution of Marital Assets

Fort Lauderdale Divorce Attorney

      One of the things that is of primary concern to litigants in a divorce case is how the marital assets and liabilities are divided by the court.  Many divorce litigants in Broward County feel that they can handle their divorce on their own by using online forms.  If a litigant in a divorce case is not represented by an aggressive and experienced divorce lawyer, then they run the risk of being taken advantage of with regard to property and asset distribution if the individual's spouse is represented by a competent divorce lawyer.  Broward divorce attorney Antonio D. Quinn, Esq. has extensive experience fighting for his clients in family court and he always strives to achieve the best result possible under the law with regard to asset distribution and property issues for each of the clients of Quinn Law, P.A.  Asset distribution and related property issues are guided by statute in Florida and it is of paramount importance to retain a divorce lawyer who is well versed in the law with regard to equitable distribution and related property issues.  If you are interested in filing for divorce or if you have received a divorce summons, then you must retain an experienced and aggressive family law attorney who will safeguard your interests and ensure that you are able to rebuild your life as quickly and with as little expense and anxiety as possible.  If you are facing a divorce then contact Quinn Law, P.A. today to set up a free case evaluation at (954) 463-0440 or toll free (844) ADQ-LAW4.

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Broward County Divorce Attorney

Equitable Distribution and Property Issues

            Under Florida law, the distribution of marital assets always begins with the presumption that absent some justification for an unequal distribution, that the distribution of property, assets and liabilities should be equal.  Florida adheres to the notion of a "marital partnership" where both party's participation and contributions in the marriage are taken into account whether this occurs inside or outside of the couple's home.  With that being said, in Florida family law judges have a great deal of discretion with regard to the distribution of property so nothing is automatic.  It is for this reason that it is very important to retain an experienced divorce attorney in order to make sure that you are not unjustly the subject of an unequal distribution of property.  

          All marital property is classified as either marital property, non-marital property or a combination between the two.   Assets acquired prior to the marriage or during the marriage by an inheritance or a non-spousal gift is considered to be non-marital property by Florida courts and as such is not subject to distribution in a divorce or dissolution of marriage proceeding.  

Marital Property consists of:

  1. Assets which were acquired during the marriage
  2. Gifts between spouses during the marriage
  3. Personal and real property which is held as tenants in entirety
  4. Appreciation of non-marital assets or enhancement in value
  5. Some retirement benefits
All divorce cases involve identifying the property held during the marriage as either marital or non-marital property.  All assets and liabilities acquired during the marriage by either spouse after the date of the marriage is presumed to be marital property.  This presumption can be overcome by demonstrating to the court that the property is in fact non-marital property.  Title to disputed property can only be obtained through an Order from the presiding judge in the divorce case.  Marital property also includes the enhancement in value of non-marital assets resulting from the efforts of either spouse or as a result of contributions by a spouse.  

Florida law permits for an unequal distribution of property when the circumstances call for it.  The courts are required to consider all factors necessary to achieve justice and equity between the litigants.  Unequal contribution by either spouse is on of the primary factors evaluated by the court along with the economic situation of the parties.  A short term marriage can often create a legal justification for an unequal distribution of marital property as can the interruption in the career or education of one of the parties or illness.  

In any divorce proceeding involving children the best interests of the children is taken into account in making all decisions by the court.  With regard to the marital home, maintaining the home as a residence for any minor children borne of the marriage may often justify an unequal distribution of assets.  

Intentional wasting of marital assets in contemplation of divorce is not looked upon favorably by the Florida courts and will most likely justify an unequal distribution of assets.  

Retirement benefits:  All benefits whether vested or not which are accrued during the marriage are marital assets and are subject to equitable distribution.  

Businesses:  A business which has been acquired during the marriage is considered marital property and is subject to equitable distribution.  

Florida law dealing with distribution of assets, liabilities and related property rights can become very complicated.  Only an experienced family law attorney has the knowledge and expertise necessary to ensure that a spouse is not taken advantage as property is distributed in a dissolution of marriage proceeding.  Contact the downtown Fort Lauderdale office of Quinn Law, P.A. to set up a free case evaluation today and begin the process of starting your life over today.  

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