Property Division in Florida
Unless a divorcing a couple can agree between themselves on how to divide up property in a divorce, this matter will be decided in court, and a family law judge has a lot of discretion in deciding who gets what. Attorney Crystal Collins Spencer will vigorously champion your interests in court and fight to see that you are fairly represented in the property settlement. Spencer Law, P.A. represents physicians and other professionals in high-asset divorce cases in Pensacola and Sandestin and understands how to deal with the complicated issues that can arise in the division of property during a Florida divorce.
Understanding Equitable Distribution of Marital Property under Florida Law
When the parties to a divorce cannot agree on the property settlement, Florida law requires that the judge make an “equitable distribution” of the marital property. An equitable distribution is one that the judge decides is fair to both parties, based on the arguments and evidence presented in court. The judge considers a variety of factors in deciding how to divide the property, including:
- Each spouse’s contributions to the family finances
- Each spouse’s contributions to maintaining the household
- The length of the marriage
- If one spouse contributed to the career or education of the other spouse
- Whether it is important to keep the family home in the hands of the parent with primary custody for the sake of the children
Given the subjectivity of most of these factors and the wide discretion given to the judge, it is essential to be represented by an experienced litigator who can prepare and present a compelling case in court regarding your position.
Marital Property and Separate Property
Before the court can divide the marital property, it must decide what the marital property is. In general, all income and assets (and, importantly, all debts) acquired during the marriage by either spouse is marital property, while property a spouse had prior to marriage or after separation is separate property. There are many exceptions to this general rule, however, and separate property can become marital property (and vice versa) depending upon how it is treated by the spouses.
At Spencer Law, we understand how to navigate the technicalities of the law to make sure that all marital property is correctly identified as such. Furthermore, we have the skills and knowledge to argue for an accurate valuation of complicated assets, which is essential to an equitable distribution. If the assets in your household include stocks, business ownership interests, retirement accounts and other complicated assets, make sure you are represented by knowledgeable and experienced legal professionals who know their way around high net worth divorce cases.
Get Help with the Property Division in Your Pensacola Divorce
For sound advice and effective representation in the property division or other aspects of your Florida divorce, contact Spencer Law, P.A. at our offices in Pensacola and Sandestin. Regardless of the complexity of your property, you will find a knowledgeable and capable attorney ready to make sure you are well-represented in the property settlement in your divorce.