• PROPERTY DIVISION
One of the most difficult and complex areas of divorce is the division
of marital property. Marital property may include cars, houses, retirement
benefits (pensions), business interests, cash, stocks, bonds, bank
accounts, personal property and other things of value.
Florida statutes and case law provides for an "equitable distribution"
of marital property. In essence, the marital property should be
divided fairly or equitably (not necessarily equally) between the
parties regardless of how the title is held. The division is based
upon all facts of the case and the contribution of both spouses
to the marriage.
The division of marital property (any asset acquired during the
marriage by the efforts of one or both parties) is considered in
conjunction with all other awards of alimony and interests in property.
There is no fixed way to determine how you or the court should
divide the property. Liabilities (debts) as well as assets must
be considered. Other factors include the nature and extent of the
property and whether it is marital property or non-marital property;
the duration of the marriage; and the economic circumstances of
each spouse. If you and your spouse can agree, and if your agreement
is reasonable, it will be approved by the court. If you cannot agree,
the court will divide the property after a trial.