Naples Property Division Attorney

Helping Clients in Collier & Lee Counties Understand Florida’s Property Division Laws

The equitable division of marital assets can be one of the most complex and contested issues of divorce cases. Couples who have been married for a long time, or those who have acquired substantial assets during the course of their marriage, generally have the most difficult time arriving at an agreement.

Our Naples property division attorneys at Family First Legal Group can work to minimize your burden during this time. We have many years of experience compassionately and aggressively representing clients in Collier County and Lee County who have been in your current situation.

What is Not Considered Marital Property in Florida?

In Florida, one of the first steps in the property division process is determining which assets and debts are considered marital property and which are separate.

Marital property is any property or debt that was acquired during the marriage, regardless of who holds the title. This includes things like the family home, cars, retirement accounts, and even debts incurred during the marriage.

Separate property, or non-marital property, includes assets that were acquired before the marriage or those that were inherited or gifted specifically to one spouse. It is crucial to accurately classify property in the divorce process, as it will impact how property is divided.

How Is Marital Property Divided in Florida?

The state of Florida operates under the laws of equitable distribution. This refers to the way that spouses are to divide their property and debts in a divorce. In most cases, equitable means equal, but not in all cases. A judge may elect to grant an unequal division if it seems fair after considering all of the relevant circumstances.

The circumstances considered in the division of marital assets in Florida include:

• The length of the marriage
• Each spouse’s debts and liabilities
• Each spouse’s overall financial circumstances
• Each spouse’s contribution to the marriage
• Each spouse’s sacrifices for the marriage
• Whether either spouse wasted marital assets up to two years prior to filing the divorce petition
• The difficulty of dividing certain assets

Is Florida a 50/50 State for Divorce?

Florida operates under the legal principle of equitable distribution, which means that marital assets and liabilities are divided in a manner deemed fair and just, rather than adhering strictly to a 50/50 split. The goal is to achieve equity, however this doesn't always mean an equal division in every case.

Each spouse's financial contribution, the duration of the marriage, the parties' economic circumstances, and their contributions to the household all play a part in determining the equitable distribution of marital property. Additionally, non-economic contributions are taken into account, such as childrearing and homemaking. Florida's approach allows for flexibility in property division, recognizing that each divorce case is unique. It aims to ensure that both spouses receive a fair share based on their individual circumstances.

It is crucial for individuals undergoing a divorce in Florida to recognize that the principle of equitable distribution does not necessarily lead to an exact 50/50 division. Seeking the guidance of an experienced family law attorney is advisable to navigate the complexities of property division and ensure a favorable outcome based on individual case dynamics.

Protecting Your Property Rights with a Naples Property Division Lawyer

Property division during divorce can be a contentious process. Whether you are concerned about protecting your home, securing a fair share of retirement benefits, or making sure that personal property is returned to its rightful owner, our team of Naples property division lawyers is here to help. We can guide you through each phase of property division and provide support in negotiating a settlement or representing you in court if necessary.

• Dividing Real Property: Real property, such as the family home, vacation properties, and other real estate holdings, is often one of the largest assets to be divided during a divorce. A skilled Naples property division attorney can help you understand your options for either selling the property, buying out your spouse’s share, or negotiating an arrangement where one spouse retains the property. The value of the property will also need to be determined, and we can help you gather the necessary appraisals and financial documentation to ensure that the property is divided fairly.
• Retirement Accounts and Pensions: In Florida, retirement benefits acquired during the marriage are considered marital property and are subject to division in the divorce. This includes things like 401(k) accounts, pensions, IRAs, and other types of retirement savings. Properly valuing these accounts and ensuring that they are divided fairly can be challenging.
• Business Interests and Assets: Business assets can include physical property, intellectual property, client lists, and other valuable resources. In many cases, the court will need to determine the value of the business and decide whether it should be sold, divided, or retained by one spouse. Our team of Naples property division attorneys is skilled at valuing business assets and helping clients make informed decisions regarding business ownership during divorce.
• Debts and Liabilities: In addition to dividing assets, spouses must also address any debts and liabilities incurred during the marriage. Marital debts, such as mortgages, credit card debts, car loans, and personal loans, will be divided in accordance with the equitable distribution principles outlined above.

Secure Your Future with Naples Property Division Lawyers

Property division can be a hassle. Let our Naples property division lawyers bear the workload for you while you invest your time with your children and loved ones. We can provide you strategic divorce solutions that can help you get what you deserve in your divorce.

Call now at (239) 319-4441 to speak with a trusted Naples property division attorney or contact us online to get the legal guidance you need for property division matters in your family law case.

Commonly Asked Questions on Property Division

Is my wife entitled to half my house if it's in my name in Florida? 

In Florida, the division of property in a divorce is based on equitable distribution, which doesn't always mean a 50/50 split. If the house was purchased during the marriage or if marital funds were used for payments or improvements, it could be considered marital property, even if it's in your name alone. A court will determine what is fair based on the circumstances.

Are separate bank accounts considered marital property in Florida? 

Separate bank accounts may still be considered marital property in Florida if the funds in those accounts were accumulated during the marriage or used for joint expenses. However, if the money in the account is solely from before the marriage or personal gifts/inheritances, it may remain separate property.

What are my rights if my name is not on a deed but married in FL? 

If you're married in Florida and your name is not on the deed to a property, the property might still be considered marital property if it was purchased during the marriage or with marital funds. You could have a claim to the property based on equitable distribution, especially if it was used as the family home.

Is a car considered marital property in Florida? 

Yes, a car purchased during the marriage is typically considered marital property, even if it is only titled in one spouse's name. The court will determine how to divide it based on fairness and other circumstances in the divorce.

Is 401k marital property in Florida? 

Yes, in Florida, a 401(k) is generally considered marital property if contributions were made during the marriage. The portion of the 401(k) accumulated before the marriage is usually considered separate property. In a divorce, the marital portion of the 401(k) is subject to division.