Pensacola Equitable Distribution Attorneys
Dividing Property & Protecting Your Assets
The term Equitable Distribution is used in almost every divorce case in the state of Florida. Courts use this term when referencing the division of assets and liabilities obtained during the marriage. The term generally refers to a fair distribution of the assets and liabilities between the parties. However, in some cases, this does not mean an actual even split between the parties.
Though the equitable distribution of assets and debts may sound like a straightforward process for the parties, it is often one of the most litigated issues in a divorce case.
For instance, our attorneys are often faced with the following topics:
- Adverse parties’ secret assets or funds
- Dissolved assets or values of assets
- Opposing counsel intentionally under-valuing assets
- Opposing counsel intentionally over-valuing assets
- Co-mingling of nonmarital assets or funds
How Does Community Property Differ from Equitable Distribution in Florida?
Understanding the differences between community property and equitable distribution is fundamental for anyone undergoing a divorce in Florida. Community property, observed in some states, divides all marital property equally between spouses. However, Florida operates under an equitable distribution framework, where the division of assets and liabilities is based on fairness and justice, not necessarily an equal split.
In the equitable distribution model, the court considers various factors. These include each spouse’s economic situation, contributions to the marriage, length of the marriage, and any interruptions to one's career or educational opportunities. Equitable distribution seeks to recognize the non-monetary contributions a spouse may have made, such as raising children or home management, and account for these when distributing assets. As a result, outcomes can vary significantly from what might be seen under community property law, underscoring the importance of informed legal guidance from a family attorney to achieve fair terms.
What are some common examples of marital property under Florida’s equitable distribution statute?
Some common examples of marital property include:
- Assets and debts acquired by the spouses during the marriage
- Enhancement of the value of a non-marital asset during the marriage due to the joint efforts of the parties
- Joint bank accounts
- Retirement benefits earned during the marriage
- Gifts made during the marriage from one spouse to another
What Process Does the Judge use to carry out equitable distribution?
The judge typically first determines whether the property of the parties should be classified as marital or nonmarital property. Your attorney will work closely with you to determine how each piece of property was acquired and under what circumstances. Then they will methodically develop a plan for presenting the best arguments for the judge on your behalf.
Once the judge has determined the appropriate classification of the property, he or she will then consider if any of the nonmarital property was commingled during the marriage with marital property. This is significant to the court because if nonmarital property was comingled with marital property, it is highly likely that the court would then classify the nonmarital property as marital because the comingling makes it seem as though the nonmarital property was intended to become marital at the time of comingling.
Once the judge has had an opportunity to hear the facts of the case, he or she will make the appropriate determinations and award the marital or nonmarital property to the appropriate party under the law.
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 nonmarital funds into a joint bank account
- A spouse takes marital funds and places them into an account that has only contained nonmarital funds in it prior to that
Our attorneys will be able to aid you in determining the probable determination of your assets and debts. If you have questions regarding the equitable distribution of your assets, call our Pensacola office today at 800-822-5170.
What factors does a Florida court look at when 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 the judge must consider when determining the outcome of your case 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 nonmarital 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 under the following conditions: when it would be equitable to do so, if it is in the best interest of the child or that party, and if 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 lawyers are experienced litigators who have practiced throughout the Florida Panhandle. We have developed proven practices that will achieve your litigation goals. We are no strangers to working with experts in other professions to further your equitable distribution objective.
Let our Pensacola family lawyers put their proven methods to work for you during this crucial time. Call our attorneys today and schedule your consultation.
Our Core Values
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Why Is Timely Legal Intervention Important in Family Law Matters?
Timely legal intervention is a pivotal factor in the successful resolution of family law matters. The earlier you enlist professional legal services, the sooner you can begin formulating an effective strategy that addresses your specific needs. Early intervention can help prevent misunderstandings before they escalate into larger conflicts, especially in matters involving custody, property division, or other time-sensitive issues.
Certain situations, such as seeking a restraining order or modifying an existing court order, can require immediate attention to protect your rights and interests. Waiting can also mean missing out on opportunities to secure advantageous terms, as some decisions, once finalized, can be difficult or impossible to change. By engaging a family law attorney in Pensacola at the onset of your legal journey, you benefit from expert guidance and receive tailored advice that helps safeguard your position and advocates for your familial and financial interests vigorously.
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What Are the Common Challenges in Family Law Cases?
Family law cases often encompass several challenges that can complicate the process and require adept legal handling. A common issue is the negotiation of marital property division. Determining who gets what can lead to disputes, especially when considering assets like the family home or retirement accounts. Florida, being an equitable distribution state, mandates that assets are split fairly, but not necessarily equally, which can lead to complex negotiations and require careful legal insight to navigate.
Child custody and support are another critical aspect of divorce proceedings. Establishing a fair schedule that considers the best interests of the children can be emotionally charged, particularly when both parents are seeking primary custody. Additionally, setting appropriate child support levels requires a thorough examination of both parents' financial statuses and the needs of the children. Given these complexities, having a knowledgeable family lawyer who can offer strategic guidance and support throughout these hurdles ensures that resolutions are reached that respect both your and your family's needs.
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How Can I Prepare for My First Meeting With a Family Law Attorney?
Preparing for your initial consultation with a family law attorney can pave the way for an efficient and productive meeting. Start by gathering all relevant documents pertaining to your situation. This might include marriage certificates, prenuptial agreements, financial statements, documentation related to any children, and any correspondence that might affect your legal matter. Having these documents handy ensures that the attorney can get a comprehensive understanding of your situation from the outset.
Additionally, think through your goals and priorities. Consider the questions you want to ask or issues you need clarity on, such as custody arrangements or financial support. Understanding your objectives helps your attorney develop a strategy that aligns with your desired outcomes. Moreover, be prepared to discuss personal and financial details openly. The better a family attorney understands your circumstances, the more tailored and effective their guidance will be. By approaching the meeting with a clear mind and detailed information, you’ll be well-prepared to lay the foundation for a successful collaboration.
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What Is Family Law and What Types of Cases Does It Cover?
Family law encompasses legal matters related to familial relationships. It focuses on resolving disputes and establishing legal frameworks that protect the rights and best interests of family members.
It covers a wide range of cases, including but not limited to:
- Divorce - This is the legal dissolution of a marriage. Divorce cases involve the termination of the marital relationship, including issues like property division, spousal support, and child custody.
- Child custody - Child custody cases determine which parent or guardian will have legal and physical custody of a child or children. These cases can be contentious when parents cannot agree on custody arrangements.
- Child support - Child support cases deal with the financial support that one parent must provide to the other for the upbringing of their child or children. The amount is typically determined based on the parents' income and the child's needs.
- Spousal support (alimony) - Spousal support cases involve determining whether one spouse should provide financial support to the other after a divorce. The court considers factors like the length of the marriage and the financial needs of the recipient spouse.
- Property division - In divorce cases, the division of marital assets and debts is a crucial aspect. Family law courts help determine how property should be divided between the spouses.
- Paternity - Paternity cases address the legal recognition of a child's biological father. This can be relevant for custody and child support matters.
- Domestic violence - Family law also deals with cases related to domestic violence, which may involve seeking protective orders or restraining orders to protect victims from abuse within the family.
- Prenuptial agreements - Prenuptial agreements are contracts entered into by couples before marriage to outline how assets, debts, and other financial matters will be handled in the event of divorce or death. Family law can be involved in enforcing or challenging the validity of these agreements.
In addition to these areas, family law may address issues related to guardianship, adoption, and the welfare of children. Guardianship cases can determine who is legally responsible for the care of an individual unable to care for themselves, particularly minors or elders. Adoption laws facilitate the legal adoption process, ensuring that adoptive parents have the rights and responsibilities of a biological parent. By securing the welfare of children through court intervention when necessary, family law plays a crucial role in prioritizing children's safety and best interests.
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Do I Need a Lawyer for My Family Law Matter or Can I Handle It on My Own?
While it is possible to handle certain family law matters on your own, having an experienced Pensacola family law attorney by your side can greatly benefit you. Family law cases can be complex, emotionally charged, and have long-term consequences. An attorney can provide legal advice, guide you through the process, protect your rights, and help achieve the best possible outcome for your case.
Here are some of the benefits of hiring a family law attorney in Pensacola:
- Legal Knowledge: Family law attorneys have the necessary education and familiarity with family law matters. They are well-versed in the relevant statutes, regulations, and legal precedents, allowing them to navigate the complexities of family law scenarios.
- Objective Advice: An attorney can provide an objective perspective on your matter. Emotions can run high in family disputes, and having a neutral professional can help you make rational decisions and avoid impulsive actions.
- Legal Strategy: Attorneys can develop a legal strategy tailored to your specific situation. They can assess the strengths and weaknesses of your matter and guide you on the best course of action to achieve your goals.
- Paperwork and Documentation: Family law cases often involve extensive paperwork and documentation. Attorneys can help you prepare, review, and file all necessary documents accurately and on time, reducing the risk of errors or delays.
- Negotiation and Mediation: Attorneys can act as intermediaries in negotiations or mediation, helping you reach mutually beneficial agreements with the other party. This is particularly valuable in cases involving divorce, child custody, or property division.
- Court Representation: If your matter goes to court, an attorney can represent your interests and advocate on your behalf. They are experienced in courtroom procedures, can present evidence effectively, and argue your case persuasively.
- Protecting Your Rights: Attorneys are skilled at safeguarding your legal rights and ensuring that your interests are protected. They can help you understand your rights and responsibilities in the legal process.
- Familiarity with Local Laws: Family law can vary by jurisdiction, so hiring a local attorney ensures that you receive advice and representation that aligns with the specific laws and practices in your area.
- Efficiency and Time-Saving: Attorneys can streamline the legal process, potentially saving you time and stress. They know how to prioritize tasks and avoid unnecessary delays.
- Emotional Support: Dealing with family law matters can be emotionally draining. Attorneys can offer emotional support and guidance, providing reassurance during a challenging time.
- Financial Protection: While hiring an attorney involves costs, their advice can potentially save you money in the long run. They can help you make informed decisions that may lead to more favorable outcomes, such as equitable property division or fair support agreements.
- Enforcement and Compliance: If your matter involves court orders, such as child support or custody agreements, attorneys can help ensure that the other party complies with these orders and, if necessary, take legal action to enforce them.
Meet Your Attorneys
Compassionate Counsel, Relentless Representation.
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Gerard Virga Founding Attorney -
David Lohr Executive Director/Attorney
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Chad Self Fort Walton Beach Managing Attorney
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Taylor Tippel Panama City Beach Managing Attorney
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Christopher Melendez Attorney
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Tamar Solarin Attorney
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Amy Mizels Attorney
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Lisa Lazan Attorney
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Danny Durnbaugh Chief Financial Officer
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Connie Brake Senior Paralegal
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