A Fair Division, But Not an Equal One? Making Sense of Equitable Distribution in Miami Divorces
Some Miami couples and individuals who are seeking a divorce have to take a pause when they hear about the laws on the books about the division of property in a Miami divorce. “Fair, but not necessarily equal,” may live “rent free” in a soon-to-be-divorced person’s brain, as they try to sort out what the division of property might look like in their specific divorce case. The truth of the matter is that this the legal principle of equitable distribution – that is, that property should be divided fairly, but not necessarily equally – is an important part of the Miami divorce process. But what does “equitable distribution” mean, and where can individuals in Miami go for legal help protecting their property in their Miami divorce case? We answer those questions here.
Equitable Distribution in Miami Divorce Cases Under Florida Marriage and Divorce Laws
Florida law sets forth that property division in Miami divorce cases is governed by the principle of equitable distribution. The Florida Statutes set forth that, “In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution….”
Factors a Court Considers when Analyzing Equitable Distribution in Miami Divorce Cases
There are a number of factors that a Miami judge considers when dividing up property in a Miami divorce case. Those factors include how long the marriage was, the financial picture of each soon-to-be ex-spouse, what contributions each soon-to-be ex-spouse has made to the marriage, how assets have been used in the marriage, the specific wishes of each soon-to-be ex-spouse, the tax consequences that the division may have, and other factors as set forth by Florida laws.
Equitable Distribution in Miami Divorce Cases: A Case-by-Case Inquiry
Importantly, every Miami divorce case is different and unique, and the division of property and assets in each Miami divorce case is, accordingly, different. Miami judges apply the legal principle of equitable distribution on a case-by-case basis, and the inquiry is fact-intensive. Accordingly, a skilled and experienced Miami equitable distribution attorney can help protect you and your property in your specific Miami divorce case.
Finding Legal Help in Miami – Miami Divorce Attorney
If you are in the Miami area and you need legal help with your Miami divorce case, contact the experienced Miami equitable distribution attorneys at True North Law, P.A. The experienced Miami equitable distribution attorneys at True North Law, P.A. are here to help Miami couples and individuals with their divorce cases. Contact True North Law, P.A. and speak to a lawyer about your case now.
