In a divorce, one of the
most frustrating issues is how are you going to spilt your property and
debt. Florida
law requires the division of assets, property and debt accumulated
during the marriage be divided under an Equitable Distribution standard.
In applying equitable distribution, Florida courts will begin with the
premise that distribution should be equal unless there is justification
for an unequal distribution based on all relevant factors. These factors
include:
- The contribution to the
marriage by each spouse, including the contributions to the care and
education of the children and services as homemaker;
- The economic
circumstances of the parties;
- The duration of the
marriage;
- Any interruption of
personal careers or educational opportunities of either party;
- The contribution of one
spouse to the personal career educational opportunity of the other
spouse;
- The desirability of
retaining any asset, including an interest in a business, corporation,
or professional practice, intact and free from any claim or interference
by the other party;
- The contribution of each
spouse to the acquisition, enhancement, and production of income or the
improvement of, or the incurring of liabilities to, both the marital
assets and the non-marital assets of the parties;
- The desirability of
retaining the marital home as a residence for any dependant child of the
marriage;
- The intentional
dissipation, waste, depletion, or destruction of marital assets after
the filing of the petition or within 2 years prior to the filing of the
petition;
- Any other factors
necessary to do equity and justice between the parties.
Equitable distribution of
assets and liabilities can be a very daunting task for the court to
handle and could require extensive hearing time prior to trial. Another
way to resolve the division of assets and liabilities is to work out a
marriage settlement agreement which allows the parties to detail how
their property will be divided.
At Longwell & Gentle,
P.A., we work hard to assist you identify the value of each asset and
add up the marital debt. We may be required to use a forensic accountant
or property appraiser in order to get actual values of your assets and
liabilities. Once we know the value of the assets and liabilities that
you accumulated during the marriage, and then we can work together to
create your “wish list” for how you would prefer to divide your assets
and liabilities in your divorce.
Longwell & Gentle,
P.A. represents many people in Central Florida
who own significant assets, including successful business, highly
valued real estate, and valuable collections. Our goal is help you in
this difficult time to determine the value of your property and divide
your assets and liabilities, while still maintaining stability for your
family.
Longwell & Gentle
serves all of Central Florida, including Orange,
Osceola, Seminole, Brevard, Volusia, and Lake
counties. We offer a free
consultation that allows you to meet personally with one of our
family lawyers to confidentially discuss your case. Spanish speaking
family law attorneys and staff are available to further assist our
clients. Our firm has reasonable
fees and flexible payment
plans. Longwell & Gentle works hard to achieve the best
possible outcome for our clients.
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