Equitable Distribution of Property


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Florida law determines what is marital property and what is non-marital property. The court can divide and distribute only marital property. Non-marital property is property that one spouse brings into the marriage or obtains by way of separate gift or inheritance during the marriage. Such property must have been kept separate and not commingled with marital assets.

Our South Florida divorce lawyers at Pazos Law Group know many methods to prove an asset marital or non-marital. The court begins its division of marital property with a presumption that the division should be equal. Adjustments one way or the other can be made if justified by certain factors, such as:

  • Each spouse’s marital contributions to the marriage
  • Economic circumstances of each spouse
  • Duration of the marriage
  • Any intentional dissipation, waste, depletion, or destruction of marital assets
  • Co-mingling marital assets
  • Appreciation of non-marital assets through marital labor or funds

Notably absent from the statutory criteria is any consideration of who was at fault for the failure of the marriage. Florida is not a fault state. The criteria for a Florida divorce is irreconcilable differences. You do not have to prove adultery, abandonment or mental and physical cruelty.

Valuing Marital Assets

In many cases, it may be necessary to work with forensic accountants, appraisers, and other experts to determine the value of assets or a business. We can work with our network of experts who can provide accurate and fair assessments of properties, businesses, and assets. If there is hidden income involved, we are skilled at tracing funds through various financial accounts.

Move forward from your divorce knowing that you have the assets and properties you are entitled to. Learn more by talking to our knowledgeable attorneys. From our offices across Fort Lauderdale, Hollywood, Coral Gables, Coral Springs, Plantation, and beyond, we are able to help clients all across Florida.

Contact us today to schedule your confidential interview: (954) 951-2405.

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