One of the main issues that require resolution in a dissolution of marriage proceeding is the distribution of assets and liabilities among the spouses. Florida law requires that the distribution be done “equitably.” Couples may decide how to divide their property either by agreement or with the guidance of a court in dissolution of marriage proceedings.
Types of assets and liabilities eligible for distribution
Florida law distinguishes between “marital” and “non-marital” assets and liabilities. Marital assets and liabilities include all those that were acquired during the marriage, either jointly by the couple or by an individual spouse. Assets may include:
Liabilities include the couple’s debts, such as mortgages, credit card debt, vehicle and other loans. Marital property is considered jointly owned by the couple and is thus subject to equitable division upon divorce.
Factors evaluated when equitably dividing property
Florida law requires courts to consider a number of factors when deciding how to equitably divide property in dissolution of marriage proceedings, including:
An inadequate division of property can place your future economic stability at risk — but a skilled Florida property division attorney can aggressively protect your interests.