Protecting Your Property Rights During Your Divorce

Florida lawmakers have tried to simplify the property division process of divorce by using an equitable distribution model, instead of the community property model used by other states. With equitable distribution, all marital property and debts acquired during the marriage are initially presumed to be divided equally between the two divorcing spouses. This is the starting point.

There is, however, rarely a clear-cut division of martial assets and debts. Marital property can consist of a variety of complex assets that are not easily divided, such as pensions, annuities, collections, stock options, real estate holdings, trusts and savings. This goes beyond dealing with the house and the car. Additionally, some property and debts acquired during the marriage do not fall into the category of marital property. Such property is not subject to equitable distribution during the divorce.

At the law firm of Anne E. Raduns, P.A., we know how to overcome the uncertainties of property division. We are committed to protecting your property during your divorce, and our divorce attorney is ready to help you achieve the outcome you need and deserve.

To speak with an experienced and effective divorce lawyer about your goals and concerns, call us at (352) 310-8235. We represent clients Ocala, The Villages and throughout Central Florida.

Florida Laws On Equitable Distribution

Equitable distribution under Florida law means that all property that was obtained during the marriage belongs to the spouse who acquired it. If the marriage ends in divorce, those properties and assets should be divided equitably and fairly between the couple.

Classification: Is It Marital Property Or Isn’t It?

The first thing that needs to be determined is which property and debts are classified as marital property and which are not. If it was acquired prior to the marriage, it is not marital property, as long as it is still discernible. Unfortunately, there are situations in which property becomes so intertwined with marital property that it is no longer easily separated. We are experienced at representing men and women in property division and classification matters, carefully determining whether property is marital or non-marital and if marital property has been commingled or lost its non-marital identity.

Valuation: How Much Is The Property Worth?

After property has been classified, the next step in equitable distribution is to determine how much the marital property is worth. We frequently handle high-asset divorces and understand the intricate nature of these matters.

Our team has the ability to address the valuation of even the most complex assets, such as professional practices — for lawyers, doctors, engineers, accountants and architects — pension plans and stock options, unique collections and more. We will not hesitate to delve into our network of experienced professionals — including actuaries, appraisers, real estate brokers and other specialists — to determine a fair value of all marital property, as well as debts.

Related Reading

• The Reasons for Unequal Division
• Retirement Plan Division in Florida Divorce
• The Tax Consequences of Asset Division

Contact Us

To discuss your divorce concerns with an experienced and dedicated professional, call us at our Ocala office at (352) 310-8235. We represent divorce clients with property concerns throughout Central Florida.