Orlando Property Division Lawyer
Most people considering divorce are concerned about how the assets and debts they’ve accumulated during marriage will be divided. The property to be split and distributed may include a home, real estate, vehicles, bank accounts, investments, or a family-run business, not to mention the smaller items that are simply important for daily life. How can all these things be allocated in a manner that’s fair? It’s only natural to be worried. You need someone with experience and skill to give you useful and practical advice when it comes to property division. At the Arwani Law Firm our Orlando property division lawyers can protect your interests and guide you through the distribution of property in your divorce.
How Marital Property is Divided in Florida
Marital property is broadly defined as all property—assets and liabilities—you and your spouse acquired, individually or jointly, from the day you married through the date you file for divorce. Under Florida law, marital property is to be divided equitably upon divorce. The court will make the decision of who gets what, and if there is any justification for an unequal distribution, based on the following factors:
- The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as a 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 or professional practice, intact and free from any claim or interference of 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 nonmarital assets of the spouses
- The desirability of retaining the marital home as a residence for any dependent child of the marriage
- The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within two years prior to the filing of the petition
- Any other factors necessary to do equity and justice between the parties
Unlike marital property, separate property, such as inherited property, gifts from third parties to one spouse and not the other, and a personal injury recovery, is generally exempt from property division. Considering this and the factors above, there is potential for a spouse to receive a great deal from the division of property upon divorce, or very little. In many situations, the amount you receive is dependent on what your attorney can prove in court regarding the contributions of both spouses to the marriage, and who owned what and when.
Contact the Arwani Law Firm with concerns about property division.
At the Arwani Law Firm we want you to keep what you deserve from a marriage that you went into with the best intentions. And, truly, property division is one of our areas of expertise. Please contact our Orlando property division lawyers to schedule a consultation for more information about property division in Florida.