Division of Marital Property Lawyer in Miami
Equitable Distribution in Florida
Divorce is often described as an emotionally draining experience. In most cases, emotions run high when a relationship splits given all of the changes, such as moving to a new place, changes in a child’s living arrangements, changes in financial status, and more. No attorney can stop the emotions that come with a divorce. However, an experienced Miami marital property division attorney can ensure that you are prepared for what will occur at every step of the way.
I am a compassionate lawyer that understands the anxiety divorce clients experience. That is why my goal is to make sure you understand the process. One part of a divorce that most divorcing couples must complete is equitable distribution.
Understanding Equitable Distribution
Equitable distribution is the court process of dividing one’s assets or items that the parties own. When looking to distribute the assets equitably, the court will only consider splitting marital property. Marital property consists of those assets that were acquired during the marriage. Therefore, the court will only decide on those assets obtained after the date of the marriage and before the date of separation.
During the equitable distribution process, the court will divide not only marital assets but also matrimonial debts. This includes any debts acquired during the marriage. Equitable distribution of marital assets occurs regardless of whose name the property was purchased. However, there are circumstances, such as in the case of inheritance, in which one party’s property will remain separate.
Factors Considered in Equitable Distribution
Equitable distribution does not mean that property will be distributed equally. "Equitable" in family court means fair, not equal. Many clients become anxious when they learn this. However, there are many factors that the court considers before determining how to divide assets and debts in a fair way.
These factors include:
- The economic circumstances of the parties: The judge will consider each party’s financial circumstances at the time of a divorce. If one side has a significant amount of resources, from employment or otherwise, the court will consider this when distributing funds. This is not unfairly to burden the spouse who has more limited resources
- The length of the marriage and contributions by the parties: The court will also consider the length of the marriage in comparison to the contributions of each party during the marriage when determining how to divide assets.
- Dissipation: The court will also look at the spending of the parties in the two-year period just before the divorce to determine whether one spouse intentionally wasted marital funds.
These are just a few of the factors that the court considers when determining how to distribute property. As in most divorce cases, you need the assistance of an experienced attorney to determine how the specific circumstances of your case will impact equitable distribution in your case.
Speak with a Miami Divorce Lawyer
I concentrate my practice on divorce and family law cases. If you need a Miami marital property division attorney that will aggressively protect your rights, you can count on me to help. I take pride in my ability to accurately advise you of the best course of action to meet your particular needs.
If you need legal assistance on a family law matter, contact me today to schedule your in-depth, one-hour consultation.
My practice is entirely focused on divorce and family law, and I understand the significant impact these cases can have on your future. I am dedicated to providing highly personalized and compassionate service that helps every client meet their unique goals.
When it comes to the quality of my service, you do not need to take my word for it. Check out the testimonials and the results I have obtained for those in similar situations on my client testimonial page.
Dedication to Success
With so much on the line, you can trust me not to back down when defending your rights. My experience in litigating more than 25 different jury trials and hundreds of contested court hearings is evidence of my determination to fight on your behalf.
I take a personalized approach to each client's case. I am always available to answer your questions, and I make a point of providing regular, detailed updates on your case and how it is progressing. I will be the only attorney working on your case.