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Equitable Distribution

Are You Prepared To Fight To Protect Your Assets?

The division of assets is a frequently contentious part of any divorce proceedings, and it’s up to the court to determine what each spouse needs in order to move on to the next phase of their life. When determining how to divide each spouse’s assets, the court will look at the total assets of each spouse, though they will only look to divide the marital assets. However, equitable distribution doesn’t necessarily mean that the marital assets will be divided evenly between the parties involved – instead, the court will look to divide the assets in a manner they deem “fair.”

Give us a call at (813) 375-0109 to speak with a Tampa divorce attorney today.

A large part of dividing assets depends on your ability to explain to or convince the court what percentage of the marital assets you need and deserve. In order to give yourself the best chance to secure a favorable distribution of marital assets, it’s in your best interest to hire a qualified attorney to assist you in court. At Givens Givens Sparks, our Tampa divorce attorneys are dedicated to fighting for you like you were a member of our own family. Contact us today to discuss your case.

How Will The Court Distribute Assets?

While the court only divides marital assets during an equitable distribution, they will look at the entirety of each spouse’s assets in order to determine what’s fair. Courts look at the separate property – the property acquired before or after the marriage, with a handful of possible exceptions – because in some cases, on spouse may have significantly more valuable assets in their name than their soon to be ex-spouse. In addition, the court will consider other factors, including:

  • How much each spouse contributed to the marriage, including child care, education, and other services.
  • The separate financial situations of each spouse.
  • How long the marriage lasted.
  • Whether or not either spouse interrupted their education or career for the sake of the marriage.
  • How much each spouse contributed to the other’s education or career.
  • How much each spouse contributed to the improvement or liability of marital and separate assets.
  • The importance of retaining an asset such as a stake in a professional practice, corporation, or business in its entirety, rather than have it split between the parties involved.
  • The importance of retaining sole control of the marital home – this decision is often heavily reliant on the best interests of any children involved.
  • The intentional destruction, depletion, or dissipation of marital assets within two years of the filing of the divorce petition.

Equitable distribution laws only come into play when your divorce case goes to court, so depending on your situation, it may be in your best interest to seek a less contentious divorce option like mediation.

Get started with a case consultation by filling out our online form.

Don’t Go To Court Without Qualified Legal Assistance

No matter how far into the divorce process you are, hiring a qualified lawyer will help ensure that you receive a more favorable outcome than you would if you attempted to handle the case by yourself. At Givens Givens Sparks, our Tampa divorce lawyers have more than 135 years of collective experience handling these types of cases, and are ready to use our knowledge to help you move on to the next phase of your life as comfortably as possible. Fill out our online form to request a consultation, or give us a call at (813) 375-0109 to speak with one of our divorce lawyers today.

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