Brandon Property Division Attorney
From the day a couple gets married, they start to acquire property (and debt) together. The longer they are married, the vaster and more valuable the marital estate becomes. If the couple later gets divorced, how do they go about dividing up all of those assets and liabilities they acquired together? If the estate is not too large and complex and the parties can communicate productively, they might be able to work out a property settlement between themselves. If not, the case goes to court, where a specific Florida statute lays out the ground rules for a judge to follow in deciding how the marital property should be divided.
Brandon property division attorney Stephanie Koether regularly helps her clients resolve the property division in divorce by guiding them through a marital settlement agreement or representing them in court. In either case, she takes a personal interest in her client’s situation and helps them find a solution that works and meets their needs. For help with the property division in your Brandon divorce, call Koether Law, P.A. for practical legal advice and professional assistance.
Equitable Distribution of Marital Assets and Liabilities
In a Florida divorce, the court will divide the marital property in a way the judge believes is equitable. Courts start with the premise that an equal distribution is the fairest way to divide the property unless one or more factors are present which would justify an unequal distribution. Florida law specifically sets out ten different factors for the court to consider when deciding if an unequal division would be more equitable than an equal split. These factors are:
- The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as a homemaker.
- The economic circumstances of the parties.
- The duration of the marriage.
- Any interruption of personal careers or educational opportunities of either party.
- The contribution of one spouse to the personal career or educational opportunity of the other spouse.
- The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
- The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
- The desirability of retaining the marital home as a residence for any dependent child of the marriage.
- The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within two years before the filing of the petition.
- Any other factors necessary to do equity and justice between the parties.
How Koether Law Can Help With the Property Division in Your Brandon Divorce
If you or your spouse are arguing for an unequal distribution of property, Koether Law will marshal the facts and applicable law and make a compelling argument to the judge why the above factors weigh in favor of your position. If you are trying to avoid a heated courtroom battle, we can work with you, your spouse and their attorney to negotiate a property settlement that is fair and meets your needs, and we can draft or review a settlement agreement that the judge can approve and incorporate into the divorce.
Koether Law also provides invaluable assistance in determining whether a particular asset counts as marital or separate property and how it should be valued. Marital property includes almost all property acquired during marriage by either spouse, other than gifts or inheritances made to one spouse specifically; property acquired before marriage or after the date of separation is separate (non-marital) property. But property can get commingled and used for various purposes that change its character. Additionally, some property such as the value of a spouse’s or couple’s business can be valued differently depending on what valuation method is applied. Koether Law handles high-asset divorces involving complex or high-value property and can work through difficult issues in the property division. We work with experts as needed and apply years of experience to properly characterize and value all forms of assets and debts, such as:
- Bank accounts
- Stocks and bonds
- Personal property – jewelry, art, collectibles
- Primary residence
- Investment real estate
- Retirement – pensions, 401(k) plans, IRAs
- Car loans
- Credit card debt
- Personal loans
- Business loans
- Lines of credit
Expertise in Florida Property Division in Your Brandon Divorce
Brandon divorce lawyer Stephanie Koether takes a personal interest in you and your situation and works to make sure you are treated fairly and get what you need when it comes to dividing the marital property in your divorce. For help with the equitable distribution of property and other issues in your Brandon divorce, call Koether Law, P.A. at 813-347-8193.