PROPERTY DIVISION

Florida Courts divide property under the principles of equitable distribution. The Florida legislature authorizes the courts to distribute marital assets and liabilities in such proportions it considers fair based on a list of factors stated in Florida Statute section 61.075(1).

The factors that a court will consider, in determining whether to make an uneven distribution of assets and liabilities, include but are not limited to:

• Contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker

• The economic circumstances of the parties;

• The duration of the marriage;

• Any interruption of the careers or educational opportunities of either spouse;

• The contribution of one spouse to the personal career or educational opportunity of the other spouse;

• The desirability of retaining any assets, including a business, or professional practice;

• The contribution of each spouse to the acquisition, enhancement, and production of income, to the improvement of both the marital and non marital assets of the parties, or the incurrence of liabilities with regard to both the marital and non-marital assets of the parties

• The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties

• The intentional dissipation, waste, depletion, or destruction of the marital assets after the petition was filed or within two years before the petition was filed.

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. 

----------------------------------------------------------------------------------
Laing & Weicholz, P.L. is located in Boca Raton, Palm Beach County, Florida.  We serve all of South Florida, including Broward, Dade and Palm Beach Counties and provide family law legal representation for: divorce, relocation, child support, child custody, visitation, time sharing, child abuse, domestic violence, procuring and defending restraining orders, paternity suits, ante-nuptial agreements and post-nuptial agreements.

Call (561) 416-1818 to schedule a free consultation today.