How Equitably Will Your Property Be Divided?

Florida is an equitable distribution state, which means that all marital property will be distributed fairly (but not necessarily 50-50) between the two spouses. Marital property is defined as any asset or debt that was acquired during the marriage, with the exception of inherited or gifted property. Any asset or debt acquired by either spouse prior to the marriage is considered separate property and will not be included in the distribution.

Determining what is marital property, assigning a fair value to it and settling on a fair division is no small feat. This part of the divorce process can be very complex and contentious as well. When disputes arise, it's best to turn to a skilled family law attorney who will advocate on your behalf.

We Help You Divide Simple And Complex Assets

Going through marital assets can be trying, not to mention emotional. Keeping an open mind and thinking rationally may not be easy when memories of the past conflict with your desire to get things resolved quickly and effectively.

Attorney Michelle A. Barry knows how to guide you through the challenge with confidence. She has experience equitably dividing:

  • Joint bank accounts
  • Real property
  • Credit card debt
  • Home loans
  • Student loan debt
  • 401(k)s and other retirement accounts
  • Military benefits
  • Rental properties and other real estate
  • Home equity
  • Ownership of a business
  • Stocks
  • Overseas bank accounts

With help from forensic accounts, Ms. Barry is even able to uncover assets that have been hidden so that they may be divided equally.

Negotiating A Fair Settlement

It is in the best interests of both you and your spouse to reach a property division agreement on your own. If you don't, the court will divide the property for you. The court's decision is binding, so you would be forced to accept the order, whether it seemed fair or not.

Many times, mediation and collaborative divorce are highly effective ways to bring parties together to work out an agreement that is acceptable to both sides. As a family law mediator who is certified by the Florida Supreme Court, Ms. Barry is ideally equipped to assist.

Ms. Barry will work with you to negotiate a fair settlement. This includes identifying any commingled property, such as inheritance money that you may have spent on a marital asset, and seeking any additional compensation allowed for you in the final settlement.

Learn More Or Retain Our Services

Contact Michelle A. Barry, P.A., today to discuss your property division concerns and learn more about your legal rights. Call our law office in Longwood, Florida, at 407-622-4529 (toll free 888-351-8303) or email us to arrange an initial consultation.

A free 15-minute initial telephone consultation is available to discuss your case. Email documents to us prior to a call for the most beneficial use of your time. In-person consultations are available at a reduced rate that will be put toward a retainer. We accept credit cards.