Orlando Property Division Lawyer
Florida law states that all marital assets and liabilities are subject to equitable distribution in divorce. If divorcing spouses are unable to agree on how to divide their marital assets and debt, the court will make the decision. Marital property includes all assets and debts that either spouse acquired during the marriage. The name in which a particular asset is titled is not a determining factor.
We have an intricate understanding of the methods used to value complex holdings such as real estate, retirement accounts and closely held businesses. If necessary, we work with forensic accountants, appraisers and other financial specialists to obtain the full and accurate value of your marital property.
Nonmarital property and liabilities are not subject to division in divorce. Property is considered nonmarital if a spouse owned it before marriage, or inherited or acquired it during marriage as a gift from someone other than the other spouse. Nonmarital property also includes property sold or disposed of in good faith during the marriage and property excluded by a valid prenuptial or postnuptial agreement.
There are times when nonmarital assets can become either partially or completely marital. It is imperative that you hire an attorney that has extensive knowledge in this area. Not having one could cause you to forfeit something that you have a right to. This may include retirement accounts, co-mingled accounts and real estate that was either supported or increased in value due to the use of marital funds.
Protecting Your Rights When Dividing Property In Divorce
At Anderson & Ferrin, Attorneys at Law, P.A., we are experienced in resolving property division issues while protecting the best interests of our clients. We advocate aggressively on your behalf during negotiations and in court if an agreement cannot be reached without litigating.
The court considers a number of factors when dividing marital property, including:
- The length of the marriage
- Each party’s income and his or her ability to rebuild assets and income in the future
- Contributions either party made to increase the earning potential of the other
- The custodial responsibilities of each spouse after the divorce
- The desirability of allowing the couple’s minor children or either spouse to remain in the marital home
- Whether either spouse intentionally wasted or destroyed marital assets after the divorce petition or within the two years preceding it
Meet With Our Experienced Orlando Property Division Lawyers
Regardless of how this issue is resolved, we will remain attentive to each client’s needs, tenacious in our goals and creative in our approach.