Tampa Property Division Attorney
Divorce and Property Division in Florida
Property division is an essential part of the divorce proceedings. These cases become more complex, generally, the longer the marriage is and the more assets and debts are involved. The property division lawyers at Givens Givens Sparks are prepared to handle even the most complex asset division cases.
How Assets Are Divided in Florida Divorces
Florida operates by equitable distribution when dividing property in divorce. This means that all marital property is up for division while separate property will go to its respective owner.
- Separate Property – This is any asset or debt classified as such in a premarital/separation agreement, property owned by one spouse before marriage, or acquired during marriage as a gift.
- Marital Property – This is anything that does not fall into the category of separate property. Typically, most assets and debts acquired throughout the duration of the marriage are classified as marital.
To learn more about equitable distribution of marital assets and liabilities, see § 61.075 of the Florida Statutes.
Factors Considered When Dividing Marital Property
If your divorce does go to court, the judge will consider the following factors when making decisions on to whom which property goes.
- Duration of the marriage
- Income of both spouses
- Each spouse's contribution to the marriage
- Health of both spouses (mental and physical)
- Education and earning capacity of both spouses
Get a Fair Property Division Agreement
Property division cases can be highly contentious, but our firm is committed to working with you along with the other party to secure the best resolution as amicably as possible. Make sure you get a fair property division agreement by entrusting your case to our firm. Contact our firm to learn more about how we can help.