Wise Asset Division Counsel
The division of assets and debts can be complex, and you have the right to protect your best interests. At the Law Office of Kelly A. Rodenas, PA, I will help you determine which property and debts are subject to division and inform you of the factors a court considers during asset division.
My experience as an attorney practicing both family law provides me with a unique perspective to address your case. Let me help you through the process.
Many Factors At Play
Florida law does not practice the community property model of asset division where all assets and debts are divided 50/50. Instead, Florida uses the concept of equitable distribution to determine how real property, assets and debts get divided. Part of this method of division starts with identifying the marital and nonmarital assets in the marriage.
For example, an asset acquired before marriage can be considered nonmarital and at times, cannot be divided. However, in some cases, even assets acquired prior to a marriage can be considered marital or have a marital component. My deep understanding and experience in family law provides me with a unique perspective and creative solutions to address your case. Let me help you through the process.
Florida courts consider a number of factors in the course of determining equitable distribution for a divorcing couple, such as:
- Contributions of each spouse during the marriage, including delaying or interrupting a career to focus on homemaking and caring for children
- Asset division preferences such as retaining the marital house or keeping a business interest undivided
- Whether a party incurred the destruction or waste of marital assets within two years of the divorce filing
- The couple’s debt and how much of it each party should be responsible for
A division of marital assets and debts also includes such things as insurance plans and retirement funds accrued during the marriage.