Equitable Division of Marital Property and Assets

Other than issues involving children, division of property (equitable distribution) is often the most contested issue in a divorce proceeding.

When property has been acquired during the course of a marriage, and that marriage is entering into a divorce proceeding, the division of marital property must be negotiated prior to the divorce being finalized. Property division (equitable distribution) is extremely important consideration in any divorce because acquired property may not only have financial worth implications, but often also involve sentimental value.

As a law firm providing experienced Division of Marital Property Attorney - Lawyer legal services, assisting Kissimmee, St. Cloud, and Osceola County Florida area residents with Division of Marital Property or other Family Law legal issues, we are committed to protecting the legal rights of each and every client, while always striving to provide the highest standard of legal representation. Contact The Law Office of Kathy D. Sheive by calling 407.944.4010 or by using our online submission form.

When the a fair distribution of marital property cannot be reached through mediation, Florida courts then have the responsibility to fairly divide the marital and non-marital property of the spouses which were acquired during the course of a marriage. When determining fair equitable division of marital property, the courts will make no distinction as to whose name the property may be titled in. This is because property acquired during a marriage is considered to be joint property.

For determining what assets and debt are marital, the law provides that the timeline used will be the date of the marriage to the date of the filing of the petition or the date of the entry into a valid separation agreement or the date that the judge determines to be just and equitable under the circumstances.  Any assets or debt you brought into the marriage, to the extent it has retained it's non-marital character, will be yours going back out of the marriage.  Any inheritances received during the marriage are non-marital to the extent any portion has not been gifted.

In dividing your assets and debt, the court must start off with the presumption of an equal distribution but courts can and do make unequal distributions based upon the circumstances.