EQUITABLE DISTRIBUTION OF PROPERTY AND DEBTS

Asset division in divorce is not as simple as dividing by two. First, premarital or non-marital assets and debts must be identified, valued, and set aside to the owner spouse. This can involve tracing, and expert assistance is often needed. When a nonmarital asset is enhanced during the marriage, part of the value is subject to division.

 

Florida law provides guidance on the date for identifying marital assets and debt, however the date used for valuing assets or debts can vary depending on equitable factors. When economic conditions not caused by a spouse’s actions cause the value and an asset to change, the property may be valued at different dates. 


There are many factors which are relevant in determining the value of assets in divorce, including whether the asset will ultimately be subject to taxation, the use of assets to preserve value during a divorce proceeding, the servicing of debt, or payment of support. Count on our experienced attorneys for guidance whether you have modest holdings or a substantial estate. 


If you are entering into a divorce involving significant or substantial assets or a requiring litigation, we are fully prepared to assist you. Our attorneys have the skill required to handle even the most complex family law matters.



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