Equitable Distribution of Property

Florida is an “equitable distribution” state. That means that, while the court will begin with the premise that the distribution of marital assets and liabilities should be equal, the court may nonetheless make an unequal distribution in order to do equity and justice between the parties if there is a lawful justification for it based on all the facts and circumstances.

Of course, not every asset or liability goes into the “pool” for equitable distribution. Some assets or liabilities are considered “non-marital” in character, and are set apart to one party before any equitable distribution of marital assets and liabilities. Such assets might include, for example, assets acquired and liabilities incurred prior to the marriage, or inheritances or gifts from individuals other than one’s spouse.

As with everything else in the law, there are many nuances, exceptions, and variations on what might be considered “marital” as opposed to “non-marital.” Moreover, there are many ways that a marital partner may hide or disguise marital assets, such as by hiding assets in a secret account, purposely overpaying taxes, prepaying benefits and bonuses to employees, reducing prices of business items until after the divorce, or urging the valuator to "undervalue" particular assets.

No matter how amicable you and your spouse may be, it is always wise to have an attorney familiar with these sorts of matters to work with you and make sure that there are no financial or property areas that are being overlooked. The Law Offices of Robert L. Bogen can assist you in ferreting out these issues. We will investigate the situation and give you the legal guidance that can make a difference in your future by ensuring that you receive a fair and equitable distribution of property.