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Division of Property
One of the most disputed areas of a divorce proceeding is the division of property. This decides what effects and finances both parties are entitled to following a divorce. Sometimes amicable division of property is possible, but that is not always the case. If problems arise when divvying up belongings between spouses, it may be necessary to hire a family law lawyer to help you settle the dispute.
The division of property does not only apply to personal belongings and real property, but also finances, including debts and financial assets. Marital debts accrued during the marriage, such as credit cards and loans, must be assigned as someone’s responsibility as well, usually the person who earns the greatest amount of money. The courts generally assign property owned prior to a marriage to the individual who bought it.
What is or is not a “marital asset” and how that asset is valued is extremely important and can be very complicated. If you feel that your situation warrants hiring a family lawyer, contact Winig Law. We are experienced in all areas of divorce law, and can help in your divorce from start to finish.
What is equitable distribution?
Equitable distribution is the fair and just distribution of the parties’ marital assets and debts in a dissolution of marriage proceeding. The Court’s distribution is not automatically split between the parties equally. In order for the Court to make a fair distribution to both parties, a number of factors must be carefully taken into account.
Relevant factors which justify an unequal distribution:
Pursuant to Florida Statute § 61.075(1), the following factors must be carefully considered when determining equitable distribution:
- “The contribution to the marriage by each spouse, including 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 or 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 dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
- 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”.
Family Law Lawyer Steven L. Winig, Esq. is a member of the Palm Beach County Bar Association, and is licensed to practice before all
Florida State Courts, as well as the United States District Courts for Southern and Middle Florida.
Winig Law routinely handles cases throughout Palm Beach County including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Wellington,
Jupiter, Palm Beach Gardens, Greenacres, Lake Worth, Royal Palm Beach and surrounding areas.
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'The Winig Law Firm, P.A.
1615 Forum Place, Suite 3A
West Palm Beach, Florida 33401
T: (561) 337-2997 | F: (561) 683-1559