Search This Blog

Monday, November 14, 2011

Who Gets What?

Deciding how to divide marital assets and liabilities in a Florida divorce can be extremely complicated.  In Florida, statistics show that more hearing time is devoted to property division than any other issue related to the Dissolution of Marriage.  Subject to a few exceptions, all property and income obtained by one or both of the spouses during the marriage is considered martial.  As such, according to Florida law, it is subject to Equitable Distribution.  You may also have assets that were obtained prior to the marriage (or debt obtained by your spouse) that would be considered non-marital.  Protect yourself and your assets by getting advice from an experienced Orlando Divorce Attorney.

The simplest way to divide marital assets and liabilities is for the parties to reach an agreement amongst themselves after they’ve been advised by their attorneys.  If the agreement is reasonable, it will be accepted by the court.  If the parties cannot agree on how to fairly and equitably divide the marital property, it will be decided by a judge after a trial. 

Several factors will be taken into consideration by the judge when deciding equitable distribution.  These include but may not be limited to the duration of the marriage, the economic circumstances of each partner and the contribution of each partner to the marriage.  It’s important to remember that the court will begin with the assumption that distribution will be equal.  Attorney Wade P. Luther can help you make sure you get was is legally yours.  Please contact our office today at (407) 835-9900 or visit our website at

No comments:

Post a Comment