West Palm Beach Equitable Distribution Lawyer

West Palm Beach Equitable Distribution Attorney

In Florida divorce cases, marital assets and liabilities are divided equitably. While this may sound straightforward to most, the process of finding, identifying, valuing, and ultimately dividing these assets can quickly become complex. It requires a thorough understanding of Florida’s laws and the experienced hand of a West Palm Beach equitable distribution lawyer.

What Is Equitable Distribution?

Florida has the sixth-highest divorce rate in the country, and with West Palm Beach being one of the wealthiest suburbs in the state, marital assets will need to be divided equitably through a process called equitable distribution. Since Florida is a no-fault divorce state, neither spouse needs to be at fault for the breakdown of the marriage, and no one is assigned any blame.

What Factors Are Considered in Determining Equitable Distribution?

Florida courts will weigh many types of factors when deciding what is an equitable division of a couple’s marital property. According to the law, these factors are: 

• The contributions of each spouse to the marriage, including both financial contributions and the care of any children
• The economic situation and needs of each spouse
• The length of the marriage
• Whether one spouse helped the other with their career or education
• If one person wants to keep the family home for the children to live in
• If either spouse intentionally damaged marital property in anticipation of the divorce

Since no two marriages are alike, Florida law also permits courts to consider any other factors that might be relevant to ensure that the property division is fair and just.

The Equitable Distribution Process

The equitable distribution process follows these steps:

Identifying Marital vs. Separate Property

First, you and your spouse will determine what is considered marital property and what is separate property. Marital property includes any assets or debts that were acquired during the marriage, while separate property includes anything that either spouse owned before the marriage or received as a gift or inheritance.

Valuing Assets and Debts

Next, the value of all assets and liabilities needs to be made. For simple items, this is usually pretty straightforward. But when it comes to more complex assets, like a business, multiple real estate properties, or valuable items, like jewelry, your legal team may need to hire professional appraisers or financial experts.

Dividing Assets and Debts

Finally, all marital assets and debts are divided in a way that the court deems equitable. Ideally, you and your spouse will negotiate a settlement agreement on your own. This will empower you both to make decisions and give you control over the outcome. If you can’t reach an agreement, a judge will have to step in and make the decisions based on Florida law.

How A Lawyer Can Help You With Equitable Distribution

If you are going through a divorce, a lawyer will be one of your most valuable assets. A skilled family law attorney can help you work through the complex legal system and protect your interests during one of the most contentious processes of a divorce, asset and debt distribution.

Your lawyer can help you:

• Accurately value all marital assets and debts
• Understand how Florida’s equitable distribution laws apply to your situation and provide a realistic assessment of what could happen
• Negotiate a fair settlement
• Avoid costly mistakes
• If necessary, be prepared to litigate your case in court

At the Law Office of Rosalie M. Cruz P.A., we can help you through your divorce and protect your future in West Palm Beach.

About Rosalie M. Cruz P.A.

Rosalie M. Cruz is the founding attorney of the Law Office of Rosalie M. Cruz P.A., which focuses on family law. She is committed to a compassionate, strategic approach in helping clients navigate complex family law issues, including divorce, child custody, property division, and more. Her goal is to always provide clear guidance and strong advocacy to achieve the most positive outcome in every case.

FAQs

Q: What Is Equitable Distribution in a Divorce?

A: Equitable distribution is how marital property and debts are divided upon a couple’s divorce. It means that the property will be divided fairly and not always equally. A Unified Family Court of the 15th Judicial Circuit judge will look into how long the marriage lasted, each spouse’s financial and non-financial contributions, and other economic circumstances, with a goal of ensuring each spouse leaves their marriage with a balanced amount of property.

Q: How Long Does the Equitable Distribution Process Take?

A: The length of time it will take to equitably distribute property will depend on the couple’s situation. Some take just a few months, while others may take years. The timeline will depend on the couple’s asset complex, whether everyone is willing to negotiate, whether mediation is necessary, and whether it must go to litigation.

Q: How Is Marital Property Different From Separate Property?

A: Marital property includes assets and debts that either spouse acquired during their marriage and would be subject to division if they got divorced. Separate property includes any assets that are owned by either spouse before marriage or were received as a gift or inheritance during the marriage.

This property will not be subject to division, but it might become marital property. Discuss your situation with a lawyer who can help identify marital and separate property in your marriage.

Q: Can We Agree on Property Division Without Going to Court?

A: Yes, you can agree on property division without going to court in Florida. This is done through negotiations between the couple and their lawyers to come to an agreement on how assets and debts will be divided. Their agreement is submitted to the court for approval. This is the quickest, least expensive option for couples and allows for more control over their futures.

Hire an Equitable Distribution Lawyer in West Palm Beach

For most people, going through divorce is a challenging and emotionally draining process. The Law Office of Rosalie M. Cruz P.A. provides caring and attentive legal support for all types of divorce and equitable distribution cases in West Palm Beach and the surrounding areas. Contact us today to schedule a consultation.