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Equitable Distribution

Orlando Equitable Distribution Attorneys

Protecting Your Property from Division – Call 800-822-5170 Today

"Equitable distribution" is the term that Florida divorce courts use when dividing property and liabilities in a divorce that were acquired during the marriage. The term "equitable distribution" means a fair distribution, which in some cases does not mean equal or 50/50 distribution. In the majority of divorce cases, however, the marital property and marital debts will be divided evenly by the court among the parties.

While this sounds simple, equitable distribution in Orlando 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

The Equitable Distribution Process in Orlando FL

Our property division 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, then the property's – 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 Orlando property division 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 800-822-5170.

Factors in Determining Equitable Distribution in Orlando FL

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

Call Our Orlando Office – 800-822-5170

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.

Our Core Values

  • The Client Comes First and All Else Will Follow
    We take pride in delivering best-in-class client service and experience, understanding the privilege and responsibility we have when assisting clients and their families through legal matters. It is our highest obligation.
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  • Ownership
    We take responsibility for our work and actions, ensuring accountability in all that we do. Our commitment to ownership drives excellence and fosters a culture of trust and reliability.
  • Results Driven
    We focus on outcomes and disregard the level of effort required. We have the vision and the discipline to do the work and face challenges to make our vision a reality for our clients.
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    We support each other with kindness and respect, emphasizing a positive work culture and celebrating along the way. We respect our clients and support them through their challenges.
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  • Associate Attorney, In Person, Panama City Beach Office

    Job Title: Family Law Associate Attorney Position

    The Virga Law Firm - Panama City Beach, FL

    Are You Ready for More Than Just a Career?

    We're not looking for just any lawyer – we're searching for an attorney committed to compassionate and excellent representation. If you're ready to make the practice of law both meaningful and rewarding, this opportunity could be what you've been waiting for. Join a firm where you're appreciated and part of a team dedicated to excellence.

    Who We Are

    The Virga Law Firm is a dynamic, high-growth family law firm dedicated to providing excellent legal representation and superb client care. Founded by Gerard Virga, who brings over twenty years of legal experience to the practice, our firm has established itself as a leader in family law throughout Florida. Our attorneys hold prestigious positions on various committees for the Family Law Section of the Florida Bar, demonstrating our commitment to shaping and advancing family law practice in our state.

    Our core belief is "Caring is Contagious." We understand that nothing is more important than family – it's the bedrock of our civilization and closest to people's hearts. When clients entrust us with their family law issues, we recognize it as the highest honor and responsibility.

    Each family is unique and requires specialized attention during the most emotionally trying times in their lives. Our mission is to protect our clients and their families, providing them with a strong new start to their lives. We achieve this by helping one family at a time through our multiple office locations throughout Florida.

    Who You Are

    The ideal candidate:

    • Is obsessed with achieving results for clients
    • Has a passion for family law
    • Excels at identifying crucial case details
    • Loves litigation and is comfortable in the courtroom
    • Takes pride in developing litigation strategies
    • Has strong negotiation skills with a compassionate approach
    • Thrives in fast-paced environments
    • Is committed to helping others and leading by example

    Minimum Qualifications

    • An active member in good standing with the Florida Bar
    • Demonstrated experience in family law
    • Proven history of passionate representation and client service
    • Excellent verbal and written communication skills
    • Proficiency in Microsoft Office (Clio knowledge is a plus)
    • Advanced knowledge in litigation and client relations
    • Mastery of Zoom video conferencing for court presentations
    • Ability to work independently and produce superior work product

    Key Responsibilities

    • Provide comprehensive legal advice and analysis to clients
    • Manage complex high-asset divorce cases
    • Handle parental responsibility and timesharing cases
    • Navigate cases involving domestic violence, substance abuse, and mental health issues
    • Represent clients in court proceedings and mediations
    • Draft legal pleadings, motions, and orders
    • Lead team members including Paralegals and professional staff
    • Maintain a fast-paced workload with attention to detail

    Benefits and Perks

    • Competitive compensation package based on experience
    • Dental and vision insurance options with family coverage
    • Progressive Paid Time Off:
      • One week per six months
      • Up to 80 additional hours accruing each pay period
      • Paid holidays and one flex holiday
    • Parental and bereavement leave
    • Paid continuing legal education, bar dues, and certification dues
    • Professional development opportunities
    • Supportive team environment

    Why Choose The Virga Law Firm

    • Unified company culture dedicated to success
    • Highly trained support staff including Paralegals and Discovery Specialists
    • Diverse caseload and full pipeline from day one
    • An environment that encourages innovation and creative problem-solving
    • Commitment to personal and professional growth
    • No-drama, no-judgment work environment
    • Strong focus on team collaboration

    Application Process

    Interested candidates should submit:

    • Current resume
    • Writing sample
    • Two letters of recommendation
    • Cover letter

    How to Apply

    1. Call our career hotline at 850-565-3426
    2. Submit required documents

    Additional Information

    The Virga Law Firm is an equal opportunity employer committed to building a diverse and inclusive workplace—A background check is required for final candidates. 

Take the Next Step

Request a Consultation with The Virga law Firm Today!
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  • "He listened carefully."
    He answered in a way that helped me understand the law better.
    - A Divorce Client
  • "Fast and supportive service."
    The Virga Law Firm, P.A. was a blessing during my divorce. Always available for questions, they made the process fast and fair. No need to fight—they handled it all. I'd recommend them in a heartbeat.
    - Visi, A Divorce Client
  • "Gerard has been monumental to my case."
    Gerard has been monumental to my case. I recognized I needed an attorney who was committed to a positive outcome for my children and I. Gerard made himself available to answer all of my questions and concerns. I felt very comfortable working with the Virga Law Firm.
    - A Divorce Client
  • "Eager to help and fight for clients."
    I will definitely be recommending to anyone I know that needs a child custody or divorce attorney!
    - A Divorce Client