Category Archives: division of assets
Classifying Marital and Nonmarital Property
When a married couple gets divorced in the Orlando area, part of the divorce process involves property division or property distribution. This is a process in which the court divides marital assets and liabilities according to a theory known as equitable distribution. When property is distributed equitably, it is divided between the parties in… Read More »
Calculating a Spouse’s Interest in Premarital Assets After Years of Marriage
When a married couple decides to file for divorce in Florida, they should be prepared for the division of marital property. Under Florida law (Fla. Stat. § 61.075), marital property is divided in Florida according to a theory known as equitable distribution. When property is distributed equitably, it is distributed (or divided) in a… Read More »
Issues Surrounding the Division of the Marital Home in Divorce
How to address whether to keep or sell the family home in the wake of divorce is a looming issue for a lot of couples, since the house is often the largest tangible asset they own. There is also the issue of a child’s attachment to the home for security, community and school purposes… Read More »
Dividing your Small Business in your Divorce
When you rely on a small business for income, whether it is your sole income source or it provides a large percentage of your income, your divorce can be more complicated than a divorce between two salaried individuals. Your business or share in a business is considered to be a marital asset if it… Read More »
The Fight Over Fido — Who Gets to Keep the Family Pets in a Divorce?
We’ve all heard the joke that says, “We’re staying together for the sake of the dog”. But in reality, many couples do end up facing a divorce, and in addition to all the other painful decisions about who gets what, pets become part of that dilemma. Although many of us love our pets as… Read More »
Asset Division: Deciding Who Gets What
By far the most complex part of any divorce is usually asset division. While Florida is an equitable distribution state, which means that the couple’s assets will be divided according to fairness rather than a strict 50-50 split, it can be difficult even within the equitable framework to decide who gets what, and which… Read More »
When a Spouse Stops Paying the Bills
Divorce is usually not just an emotional challenge, but a financial one as well. When two people decide to split up, it means severing the economic ties that hold the marriage together. Indeed, this separation of assets and income is what consumes the lion’s share of the time spent on many divorces. In most… Read More »
Is my Self-Employed Ex Hiding Income and Assets?
Child support and alimony can be difficult to collect, especially when an ex tries to hide his or her assets. Some spouses may discover that business owners hide assets and profits in their businesses just to avoid paying the right amount of child support or alimony. This becomes even more difficult to notice the… Read More »
Florida Supreme Court Upholds Prenuptial Agreement Waiving Spouse’s Interest in Nonmarital Property
In a recent appeal to the State Supreme Court, the Court found that broad prenuptial language waiving a spouse’s right to any claims against the other spouse’s nonmarital property, even accrued interest or increases in value of that property, are waived. To understand a little better, one must look at how Florida law divides… Read More »
When Relationships Go Bankrupt, the Obligations Do Not
Few things are as certain in life as the reality that divorces are not only emotionally draining, but financially exhausting as well. Similarly, few couples make it through a divorce without some financial hardships. Even if just a minor reduction in credit score or the loss of equity in a vehicle, divorce hurts the… Read More »