Property Division in Florida Divorce
When a marriage ends, one of the most significant issues to resolve is the division of marital property and debts. Florida is an equitable distribution state, which means the court divides marital assets and liabilities in a manner that is fair - though not necessarily equal. Understanding what constitutes marital property, how assets are valued, and what factors the court considers is essential to protecting your financial interests.
Marc M. Cohen, P.A. provides strategic representation in equitable distribution cases throughout Boca Raton, Boynton Beach, and South Florida.
Marital vs. Non-Marital Property
The first step in equitable distribution is identifying which assets and liabilities are marital (subject to division) and which are non-marital (belonging to one spouse). Generally:
- Marital property includes assets acquired during the marriage by either spouse, the enhancement in value of non-marital assets due to marital efforts, and interspousal gifts
- Non-marital property includes assets owned before the marriage, inheritances, gifts from third parties, and assets designated as non-marital in a valid prenuptial or postnuptial agreement
The classification of property as marital or non-marital can be complex, especially when non-marital assets have been commingled with marital funds or when one spouse's efforts have increased the value of the other's separate property.
Types of Assets in Equitable Distribution
Common assets that must be identified, valued, and divided include:
- Real Estate: The marital home, investment properties, vacation homes, and land
- Retirement Accounts: 401(k)s, pensions, IRAs, and other retirement plans (often requiring a Qualified Domestic Relations Order - QDRO)
- Business Interests: Ownership stakes in businesses, partnerships, or professional practices
- Financial Accounts: Bank accounts, investment portfolios, stock options, and cryptocurrency
- Personal Property: Vehicles, jewelry, art, and other valuables
- Debts: Mortgages, credit card debt, student loans, and other liabilities
Financial Analysis Expertise: Marc Cohen's MBA in Quantitative Analysis from St. John's University is a significant advantage in equitable distribution cases. Complex asset valuation, business appraisals, hidden asset discovery, and the tax implications of various division scenarios require sophisticated financial understanding that goes beyond standard legal training.
Factors the Court Considers
Under Florida Statute §61.075, the court considers numerous factors when determining equitable distribution, including:
- The contribution of each spouse to the marriage, including homemaking and childcare
- The economic circumstances of each party
- The duration of the marriage
- Any interruption of personal careers or educational opportunities
- The contribution of one spouse to the career-building of the other
- The desirability of retaining the family home for the benefit of minor children
- The intentional dissipation, waste, or destruction of marital assets after or within two years before filing
- Any other factors necessary to achieve equity and justice
Protecting Your Financial Future
Equitable distribution decisions have long-lasting financial consequences. An unfair division of property, failure to properly value assets, or overlooked hidden assets can cost you significantly. Working with an attorney who understands both the legal and financial dimensions of property division is critical.
Contact a Boca Raton Equitable Distribution Attorney
Protect your financial interests in divorce. Contact Marc M. Cohen, P.A. at (561) 740-3301 for a free consultation. We serve clients throughout Boca Raton, Boynton Beach, Delray Beach, Deerfield Beach, West Palm Beach, Fort Lauderdale, and all of Palm Beach and Broward Counties.
Serving Communities Throughout South Florida
Marc M. Cohen, P.A. provides experienced legal representation in communities throughout Palm Beach County and Broward County:
- Equitable Distribution Attorney in Boca Raton
- Equitable Distribution Attorney in Boynton Beach
- Equitable Distribution Attorney in Delray Beach
- Equitable Distribution Attorney in Deerfield Beach
- Equitable Distribution Attorney in Pompano Beach
- Equitable Distribution Attorney in West Palm Beach
- Equitable Distribution Attorney in Fort Lauderdale
- Equitable Distribution Attorney in Coral Springs
- Equitable Distribution Attorney in Parkland
- Equitable Distribution Attorney in Wellington
- Equitable Distribution Attorney in Lake Worth
- Equitable Distribution Attorney in Jupiter
- Equitable Distribution Attorney in Palm Beach Gardens
See also: Palm Beach County Family Law | Broward County Family Law | South Florida Family Law