Category Archives: division of assets
Top Five Property Division Factors in the Sunshine State
Like most other jurisdictions, Florida is an equitable division state. Marital property must be divided in such a way that the divorce is not an unfair financial burden on either party. There is a presumption that a 50-50 division satisfies this requirement, but that’s only a presumption. If there is substantial evidence of inequality,… Read More »
Three-Step Property Divisions in St. Lucie Divorces
Florida is an equitable distribution state. All marital property, including both assets and debts, must be divided in such a way that the divorce is not an unfair financial burden for either party. That rule is extremely subjective. So, as outlined below, Florida law sets out a number of property division factors. But before… Read More »
Classifying and Dividing Marital Property in a Florida Divorce
In almost all cases, marital property division is either the easiest or most complex portion of a marriage dissolution action. Generally, there is no in-between. If the marriage only lasted a few years and the couple had no assets, property division is usually a straightforward matter, simply because there are basically no issues in… Read More »
Five Property Division Factors In Port St. Lucie
Some states almost always divide marital property 50-50 in divorce cases. That’s especially true in California and a few other community property states. But Florida, like most other jurisdictions, is an equitable division state. The divorce settlement must divide property in such a way that it does not impose an unfair financial burden on… Read More »
How Do Prenuptial Agreements Work In Port St. Lucie?
Responsible homeowners always purchase insurance. Although they do not expect the house to burn down, and they certainly do not hope the house burns down, they want to be prepared for the unexpected. A prenuptial agreement is basically the same thing. No couple expects or hopes to get a divorce. But if the unexpected… Read More »
How Does A Port St. Lucie Divorce Affect My Business?
The nation’s thirty million small businesses employ almost half the country’s workforce. Over the past several years, these businesses have grown faster than large employers, or companies with more than 500 employees. Micro-Businesses with fewer than ten employees are doing especially well. Small businesses may mean more to Port St. Lucie families than they… Read More »
Classifying And Dividing Marital Property In Florida
The division of marital property is often one of the most contentious areas of a property settlement in a Port St. Lucie marriage dissolution case. That is probably because, along with the amount and duration of alimony payments, this process is also one of the most subjective family law areas. Most of the applicable… Read More »
Special Issues In A Florida Grey Divorce
Since 1990, the divorce rate among people under 49 has either dropped sharply or at least leveled off somewhat. But among couples over 50, the opposite has occurred. Marriage dissolutions among this age group have more than doubled over that same time period. The increased “grey divorce” rate is probably due to a change… Read More »
Five Important Property Division Factors In Florida Divorces
Judges in the Sunshine State must divide marital property on an equitable basis. That’s not necessarily the same as an “equal” basis. Generally, the judge awards property on a 50-50 basis. But if the litigants introduce enough compelling evidence, the judge could very well order an unequal property distribution in a divorce case. This… Read More »
Property Division In A Florida Divorce
The Sunshine State is an equitable distribution jurisdiction, meaning that marital property is divided equitably between the spouses, and “equitably” is not always the same thing as “equally.” Normally, unless the parties had a marital property agreement, property division is a two-step process. Classification The general rule is that any property acquired before the… Read More »
