Navigating Property Division With Confidence
Divorce is a daunting process that involves many moving pieces. Property division is one major component that can cause significant stress and uncertainty. It’s not just about splitting assets; it’s about ensuring your future financial security. You deserve the strongest possible financial foundation to begin your new post-divorce life.
I’m Mark Sawicki, an award-winning family law attorney in West Palm Beach and Fort Lauderdale. I have over a decade of experience helping people like you navigate property division in Florida divorces.
How I Can Protect Your Financial Interests In Property Division
My goal is to protect your interests in all aspects of property division. I will work tirelessly to pursue a fair outcome that sets you up for a promising future.
As an accomplished property division lawyer, I bring to the table not just my extensive experience in family law, but also a deep understanding of the financial intricacies involved in property division. My approach combines legal acumen, financial savvy and empathetic counsel to address every aspect of your case.
Here’s what I can do for you:
- Asset identification and valuation: I can help identify all marital and separate assets to ensure an accurate valuation. This includes everything from the marital home to retirement accounts, business interests and other high-value assets.
- Investigation into hidden assets: If you suspect that your spouse is trying to hide assets, whether marital or separate, I can investigate and take necessary legal steps to ensure that those assets are included in the distribution.
- Strong, strategic advocacy in negotiation and litigation: Many cases don’t require going to court. However, you still need a strong advocate on your side to negotiate a fair settlement. I have a robust skillset in this regard. I’m also prepared to represent you in court should negotiations fail.
- Post-divorce modifications: If circumstances change after the divorce, I can help you seek modifications to the property division order.
With my support, you can feel confident about property division. I will handle your divorce case in a diligent and detailed manner. You can count on me to safeguard your interests, preserve your peace of mind and pave the way for your post-divorce future.
Frequently Asked Questions About Property Division In Florida
Property division is a complicated topic. Below, I’ve provided general guidance on some common questions.
How is property divided in a Florida divorce?
Florida law establishes the principle of “equitable distribution” as the standard for property division in divorce. In cases that go before a judge, the judge will weigh all the relevant evidence and order a fair distribution based on the evidence. Courts consider various factors, such as the length of the marriage and each party’s economic circumstances, to arrive at a fair and just decision.
In many cases, however, the parties negotiate a division of property that avoids the risk of a court battle.
What does equitable distribution mean in a Florida divorce?
Equitable distribution means that marital property will be divided fairly, but not necessarily equally. There is no requirement for judges to split property 50-50.
What is the difference between marital and nonmarital property in Florida?
It’s important to understand this distinction because only marital property is subject to property division in divorce. Marital property includes assets and debts that either spouse acquired during the marriage. Nonmarital property – also called separate property – includes assets and debts acquired before the marriage. It also includes certain assets acquired during the marriage like inheritances or gifts.
What happens to the house in a Florida divorce settlement?
The marital home is often one of the most significant marital assets. The fate of the house depends on multiple factors such as each party’s financial situation and the best interests of any minor children.
There are multiple options for addressing the home in divorce, including:
- Selling the home and splitting the proceeds
- Having one party keep the home and buy out the other’s interest
- Having one party continue to live in the home to provide a stable living situation for the children
- Having a “nesting” arrangement where both parties own the home and rotate living there with the children
Often, it’s to both parties’ advantage to negotiate an arrangement rather than go to court. Negotiation opens the door to more creative resolutions, particularly in uncontested cases.
How are businesses and professional practices valued in a divorce?
Businesses and professional practices are typically evaluated by a professional appraiser for their fair market value. These valuations can be extremely complex. There are multiple approaches to the valuation, depending on the type of business. The goal is to arrive at a reasonable fair market value based on factors such as business assets, earning potential, goodwill and other variables. Learn more about business interests in divorce.
How are retirement accounts divided in a Florida divorce?
Retirement accounts accumulated during the marriage are considered marital property, so they are subject to division. However, because there are significant tax penalties for early withdrawal of retirement funds, the typical approach is to split the account through a complex process that requires a Qualified Domestic Relations Order (QDRO). I’m very familiar with the intricacies of dividing retirement accounts in divorce.
What if a spouse tries to hide assets?
Hiding assets is illegal and can result in significant penalties, including a court awarding a larger share of the assets to the other spouse. If you have reason to believe that your spouse is hiding assets, it’s important to take swift action. I can step in to protect your financial interests and ensure that you get your fair share.
Get The Legal Protection You Deserve During Property Division | Free Consultation
Understanding property division in a Florida divorce can be complex and stressful, but you don’t have to do it alone. For guidance, clarity and a dedicated advocate in your corner, reach out to me at Mark E. Sawicki, P.A.. Call 954-928-9331 to reach my convenient offices in Fort Lauderdale and Palm Beach Gardens. Together, we can work toward the financially sound future you deserve.