When you’re ready to file for divorce in Florida, it’s time to consider how your assets will be affected by the change. Unless there was a pre- or post-nuptial agreement, the division of property during divorce can get a little tricky. That’s why it’s important to contact an experienced property division divorce attorney to make sure your property is split fairly between you and your spouse.
Before your legal team can effectively distribute property to the rightful owner, they will determine what is considered marital property and what is considered non-martial property.
What is Marital Property?
Marital Property is any asset or liability obtained during the marriage, such as:
- Retirement funds
- Joint bank accounts
- Homes or land bought together
What is Non-marital Property?
Non-marital property is any asset or liability brought into a marriage by one spouse, or property given to only one spouse during marriage, including:
- Birthday presents
- Any home owned before marriage.
Do you Need a Tampa Lawyer for Property Division in Florida?
No matter how civil you are with your spouse, divorce is an emotional process. People may say or do things they wouldn’t ordinarily say or do. That’s why it’s a good idea to have an experienced legal team help you through property division after divorce. Your attorney will help guide you through tough decisions that you might not know how to make on your own.
At LaFrance Family Law, we make it our priority to work with every divorce client from an empathetic and understanding perspective. We fight for our clients the way we would for our family or friends.
Property Division FAQs
Assets that are marital are divided based upon a theory known as equitable distribution. A marital asset, subject to certain exceptions, includes assets acquired from the date of marriage to the date of filing the petition for divorce. The Court will start with the presumption that the assets should be evenly divided, however, the statutory criteria can be used to justify an unequal distribution.
States that are considered equitable distribution states require judges to divide a couple’s property in a fair and equitable manner. Florida is considered an equitable distribution state.
A prenuptial agreement makes property division easier. However, it does not necessarily prevent the need for going through the process entirely. Everything that is not covered in the agreement will need to be divided in the divorce process. Working with a family lawyer to create a thorough prenuptial agreement from the beginning will help alleviate much of the need to divide assets in the future.