Clearwater Family Lawyers

Marital and Non-Marital Assets

We also have law offices in Largo, Holiday & Palm Harbor serving Pasco, Pinellas and Hillsborough Counties

K. Dean Kantaras is Board Certified in Marital and Family Law by the Florida Bar

It is important to understand your property division rights when you file for dissolution of marriage in Florida.  Our family lawyers in Clearwater help clients resolve the complex issues of evaluating and splitting property during divorce.

Dividing property during divorce

When spouses file for dissolution of marriage in Florida, they draft a marital settlement agreement detailing how they plan to divide their property.  A judge approves the agreement and holds a trial to divide any contested property.

Equitable distribution

In marital settlement plans, Florida courts look for what is called an equitable distribution of property.  Keep in mind that equitable means fair, not equal.  In other words, a division does not always mean that each spouse will get half of the shared property.  If one spouse earns more, he or she may receive a smaller share of the division.

To reach an equitable distribution, courts consider a number of factors:

Earning power of each spouse Separate and shared property of the spouses Contribution to the marriage by each spouse Evidence of wasting and dissipating marital property

Duration of the marriage Age and relative health of the spouses Responsibilities to children and aging parents Spousal abuse or marital infidelity

Marital and non-marital assets

When courts assess the financial situation that each spouse enters after a divorce, they examine the value of both marital and non-marital assets.

Marital assets include the following items:

• Property acquired by both spouses during marriage
• Gifts between spouses during marriage
• Non-marital assets enhanced in value through efforts of both spouses
• Retirement and insurance plans, pensions and profit-sharing acquired during marriage
• Shared residential property

Non-marital assets include items such as the following:

• Assets acquired prior to marriage
• Gifts to a specific spouse only
• Inheritances
• Income from non-marital assets
• Assets determined non-marital by prenuptial or postnuptial agreements

At the Law Offices of Kantaras & Andreopoulos, our skilled St Petersburg divorce attorneys will help ensure that the division of property during your divorce is fair and equitable.

Family lawyers in Clearwater

K. Dean Kantaras is board certified in marital and family law by the Florida Bar

There is no formula for deciding how to divide property between spouses.  Each divorce case is unique and it is crucial to have the guidance of an attorney who understands the complexities of family law.  Contact us online for a consultation with a skilled Clearwater family lawyer at the Law Offices of Kantaras & Andreopoulos. With offices in Clearwater, Largo, Holiday & Palm Harbor, we serve Pasco, Pinellas and Hillsborough Counties.