How Do You Divide Property in a Divorce?
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How Do You Divide Property in a Divorce?
Property division is one of the major issues in a divorce. Florida’s laws can inject considerable uncertainty into your situation, heightening your need for an experienced attorney.
Florida uses the legal principle of equitable distribution. This is not the same thing as a 50-50 division, although a court will use that as a starting presumption in many cases. Here, it means that the court will consider a number of factors in deciding who gets what as part of the divorce. Equitable distribution factors include:
- How much each spouse contributed to the marital estate
- The length of the marriage
- The economic circumstances of each spouse
- Whether one spouse interrupted their career
- Each spouse’s future earnings power
- One spouse’s contribution as a homemaker
Equitable Distribution Gives the Court Leeway
This is just a partial list of what a court may consider. Really, equitable distribution means that a court will do whatever it thinks is necessary to reach the right result. In reality, the spouses are better off deciding on their own division of assets in a marital settlement agreement, although that is not always possible. Once the case goes to a hearing, a judge has a wide amount of discretion, and there is little predictability about the result they may reach. A divorce lawyer would present your best arguments for what factors the court should use in dividing the marital estate. The court’s decision will be critically important to your ability to start life again after the divorce.
Speak with Melbourne Divorce Attorney
If you are planning on a divorce or have already begun the process, you need legal help to protect your rights. Contact a Melbourne divorce attorney at Harnage Law PLLC online or call us at 321.549.7886 for a free consultation and to learn more about how we can assist you.