Equitable Distribution Supportive Counsel You Can Rely On

Orlando Equitable Distribution Attorneys

Florida Divorce Attorneys – Call Today 407-512-0887

Equitable distribution is the term that Florida divorce courts use when dividing property and liabilities acquired during the marriage. The term equitable distribution means a fair distribution, which in some cases does not mean equal distribution. However, in the majority of divorce cases, the marital property and marital debts will be divided evenly by the court among the parties. While this sounds simple, it is often one of the most complicated issues raised in a divorce case.

In many cases our Orlando equitable distribution attorneys are faced with the following issues:

  • Hidden assets or funds
  • Dissipated assets or values of assets
  • Opposing counsel intentionally under-valuing assets that client wishes to be awarded
  • Opposing counsel intentionally over-valuing assets that you are seeking to be awarded by the court
  • Co-mingling of non-marital assets or funds

What are some common examples of marital property and marital debt under Florida’s Equitable Distribution Statute?

Some common examples of marital property include:

  • Assets and debts acquired the spouses during the marriage
  • Enhancement of the value of a non-marital asset during the marriage due to the efforts of the other spouse
  • Joint bank accounts
  • Retirement benefits earned during the marriage
  • A gift during the marriage from one spouse to another, and a joint bank account

What Process Does A Family Law Judge Use To Carry Out Equitable Distribution?

Our attorneys will present the facts of your case to assist the judge in determining the appropriate distribution of assets. Typically, the judge first determines what property should be classified as non-marital property and then awards each spouse their non-marital property. However, in determining non-marital property, the court will also need to determine if any of the non-marital property became co-mingled with marital property. If co-mingling has occurred the property, or a portion of the properties, value may be reclassified as marital.

Some common examples of non-marital property being reclassified as marital property are:

  • One party brings a home into the marriage and places the other party on the title to the home
  • The party placed non-marital funds into a joint bank account
  • A spouse takes marital funds and places them into an account that has only contained non-marital funds in it prior to that

Our lawyers will be able to assist you in determining the most likely classification of your assets. If you have questions regarding the equitable distribution of your assets, call our Orlando office today at 407-512-0887.

What factors does a Florida Court look at in determining how to equitably distribute property and debts in a Florida Divorce case?

Florida’s equitable distribution statute provides a list of factors the court must consider when distributing property and debts in a divorce case.

The factors that a family law judge must consider are:

  • The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as 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 non-marital assets of the parties
  • The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home
  • The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition
  • Any other factors necessary to do equity and justice between the parties

Our team has handled divorce and equitable distribution cases throughout Florida and have proven techniques to aggressively represent you in your divorce case. We often employ experts, such as respected forensic accountants and evaluators, to ensure you receive what you are entitled to in your divorce. Our Orlando divorce attorneys are at home in a courtroom and will use their trial advocacy skills to present your case to the court.

If your divorce and equitable distribution case goes to trial, know you will have respected and experienced trial counsel at your side. Contact us today and schedule your consultation. Let our team of aggressive and experienced attorneys start working for you today.

  • Best Divorce Lawyer In Orlando
  • Top 10 Family Law Law Firm
  • Attorney Top 40 Under 40
  • Best of Bay
  • The National Advocates
  • Super Lawyers Rising Star
  • Lawyers of Distinction 2018
  • The National Trial Lawyers | Top 100 Trial Lawyers
  • Avvo Rating 10.0 Superb
  • The National Trial Lawyers | Top 100 Lawyers
  • 10 Best by American Institute of Family Law Attorneys | 2016
  • “I will definitely be recommending to anyone I know that needs a child custody or divorce attorney!”

    - A Divorce Client
  • “If you are looking for an attorney who is professional, honest, knowledgeable and responsive to your needs, Gerard Virga meets such requirements.”

    - A Divorce Client
  • “He responded to my messages promptly and I never felt rushed when speaking with him in meetings and phone conversations.”

    - A Divorce Client
  • “He answered in a way that helped me understand the law better.”

    - A Divorce Client
  • “Gerard is smarter than 95% of people I know, including lawyers. His intelligence combined with his work ethic make him an extremely effective advocate. Gerard is the kind of evil genius I'd want on my ...”

    - Adam Ellis, Litigation Lawyer
  • “Truly he is one of the smartest people I have met. I have found Gerard very knowledgeable on law and legal procedure, and am extremely impressed by his ability to devise and execute an aggressive ...”

    - Rusty Shepard, Criminal Defense Attorney
  • “This lawyer treated me with professionalism, and fought for my case. His staff was excellent and Mr. Virga had an excellent understanding of the law. Mr. Virga also was a very real person, and not ...”

    - A Divorce Client
  • “I regularly refer family law and civil litigation cases to Mr. Virga because of his skill and knowledge of those areas of law. The clients I refer to Mr. Virga are always satisfied with and ...”

    - Joseph Turner, Criminal Defense Attorney
  • “Mr. Virga represented me in a litigation matter. Mr. Virga not only accepted me as a client, but he took my case to heart. Mr. Virga developed and executed a masterful legal strategy that pummeled my ...”

    - A Litigation Client

Contact Our Firm

We're Here To Help You And Your Family In Any Way Possible
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.