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.

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.

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.