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General
Florida Equitable Distribution
One of the most difficult and complex areas of divorce is the division of marital property. Marital property may include cars, houses, retirement benefits (pensions), business interests, cash, stocks, bonds, bank accounts, personal property and other things of value.Florida statutes and case law provides for an "equitable distribution" of marital property. In essence, the marital property should be divided fairly or equitably (not necessarily equally) between the parties regardless of how the title is held. The division is based upon all facts of the case and the contribution of both spouses to the marriage.
The division of marital property (any asset acquired during the marriage by the efforts of one or both parties) is considered in conjunction with all other awards of alimony and interests in property.
There is no fixed way to determine how you or the court should divide the property. Liabilities (debts) as well as assets must be considered. Other factors include the nature and extent of the property and whether it is marital property or non-marital property; the duration of the marriage; and the economic circumstances of each spouse. If you and your spouse can agree, and if your agreement is reasonable, it will be approved by the court. If you cannot agree, the court will divide the property after a trial.
If you are considering a divorce, and have significant assets or liabilities that must be divided, please contact Orlando Family Law and Divorce Lawyer James Hart to schedule an assessment of your legal rights.
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Law Offices of James W. Hart
809 Irma Avenue, Suite 3
Orlando, FL 32803
Phone: 407-839-4340
Fax: 407-386-7474
Blog 
General
- Weekend Visitation or kidnapping?
- New Florida PIP Law approved
- Agreement on PIP?
- Sign the Petition to urge legislators to extend or reform PIP
- NHTSA Urges Drivers to Check their Tires During Hot Weather
- How to Keep your car insurance rates low...
- Progressive Insurance investigated for fraud and invasion of privacy
- Big problems if PIP expires...
- Is Tort Reform really needed?
- How to protect yourself in a Post No-Fault World - Part 3
FAQs
Divorce Attorney Orlando
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Florida Personal Bankruptcy
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- What is Bankruptcy?