Equitable Distribution

In its most basic form, equitable distribution is the presumptively equal distribution of all marital assets and liabilities accumulated during the marriage as of the date a petition is filed. This area of family law addresses the division of property rights. The subject of equitable distribution in a constantly changing South Florida economic environment creates complex issues that often have significant financial consequences. Assets such as real estate, trusts, privately held businesses, stock options, inheritances, lawsuit proceeds, pensions and retirements are becoming hotly litigated matters. The same is true as to issues of the fair distribution of marital liabilities, such as credit card debt, or negative net worth when marital assets are depleted during the pendency of a divorce on adultery or misconduct.

Shaking hands

In many marriages you and your spouse may accumulate assets and liabilities, in some of these marriages there may be assets and/or liabilities that existed prior to the marriage that are brought into the marriage. Non-marital assets may be “gifted” to a spouse during marriage such as executing a quit claim deed for a piece of real property owned by one spouse prior to the marriage. In addition to the possible comingling of non-marital and marital assets equitable distribution also addresses the enhancement in value of non-marital assets. As a primary concern we focus on advising each client of their rights from the first meeting and protect any adverse claim by their spouse to non-marital property. If the facts warrant we are familiar with Florida law that supports an unequal equitable distribution, of both marital assets and liabilities so as obtain a result that is equitable and just.

The distribution of marital assets carries with property rights which are different than an award of alimony or child support. If your spouse does not comply with Court orders relating to assets and liabilities, we have represented many clients in enforcement actions. We are experienced in drafting and negotiating prenuptial and postnuptial agreements to safeguard non-marital assets and marital assets in complex net worth and closely held family owned businesses matters to avoid having our clients unnecessarily litigate issues of equitable distribution, partition, valuation and comingling, and protect your finances should a divorce occur.