In a divorce, one of the most critical issues is deciding who gets what. Most couples attain a range of assets during their married lives, and it can be very hard to determine how to divide those assets. Property disputes can be contentious, and Florida couples should know a few things about asset division.
The Judge May Have to Decide
As with most parts of the divorce process, if spouses can’t agree on asset division terms, they’ll have to go to court, and the judge will make the decision. Whether it’s in the client’s best interests to allow the judge to handle the division of property should be discussed with a Family Law Attorney in Naples.
Florida Follows the Equitable Distribution Doctrine
Property division rules vary by state, and results vary widely depending on where the divorce takes place. Florida follows the rules of equitable distribution, which means the judge will try to divide assets in an equitable, fair manner. The court will split assets by any means necessary to make the distribution as fair as possible.
Equitable and Equal Aren’t Always the Same
The most crucial thing to remember about equitable distribution is that the split won’t always be equal. While the courts will strive for equality where possible, the judge may decide that it would be fair to divide property unevenly. Numerous circumstances can lead to such decisions, and clients should remember that equitable doesn’t always mean equal.
Marital and Non-Marital Assets
The division of assets will be affected by determinations on what constitutes marital property. Non-marital assets are typically those obtained before or inherited after marriage. In most instances, property acquired during a marriage is regarded as marital property and it is divided between spouses. Non-marital property is kept by its owner. Determining which assets qualify as marital property can be complex, and a Family Law Attorney in Naples can help clients protect what’s theirs.
If a person is considering a divorce in Florida, they should hire a skilled lawyer to protect their best interests and property rights. Call the Law Office Of James W. Chandler P.A. today to schedule a consultation.