Equitable Distribution Attorney & Property Division Lawyer
in Palm Beach Gardens
Equitable Distribution and Property Division in Florida
When a marriage ends, one of the most challenging aspects is dividing property and debt. In Florida, this process is called equitable distribution. It requires identifying all assets and liabilities, classifying them as marital or non-marital, assigning values, and then dividing them between the spouses.
At The Law Office of Cindy A. Crawford, we provide comprehensive support by:
Evaluating and categorizing marital vs. non-marital assets.
Accurately valuing complex assets such as businesses, investments, pensions, and stock options.
Negotiating equitable distribution agreements tailored to your circumstances.
Protecting non-marital assets from being improperly included.
Pursuing remedies when a spouse wastes or hides assets.
Preparing equitable distribution schedules and presenting evidence in court when litigation is necessary.
Enforcing property division orders if a spouse fails to comply.
We pride ourselves on our ability to help clients protect their financial interests in equitable distribution. Our experience allows us to create strategies that secure fair results and help you move forward with financial stability.
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Addressing Waste and Hidden Assets
Unfortunately, some spouses dissipate or conceal assets in anticipation of divorce. Florida courts consider this misconduct when dividing property, and may award an unequal distribution to the innocent spouse.
Our team is skilled at investigating financial records, tracking down hidden or dissipated marital assets, and ensuring that the property division reflects the true marital estate.
Tax Considerations
Changes in property ownership during divorce can have serious tax consequences. Many divorce attorneys overlook these implications, but at The Law Office of Cindy A. Crawford, we help clients anticipate and plan for tax impacts when dividing real estate, investments, and retirement accounts.
For example:
$100,000 in a retirement account is not equivalent to $100,000 in cash, since retirement withdrawals are taxable.
Selling appreciated real estate or investments may trigger capital gains taxes.
We work with trusted financial professionals to ensure your property division takes these issues into account, minimizing surprises and protecting your long-term financial health.
What Counts as Marital Assets
and Liabilities?
F Marital assets and debts generally include:
Assets acquired and debts incurred during the marriage, whether by one spouse individually or both jointly.
Increases in value or appreciation of non-marital assets due to marital efforts or contributions of marital funds.
Gifts exchanged between spouses during the marriage.
Vested and non-vested benefits such as retirement accounts, pensions, annuities, deferred compensation, stock options, and insurance plans accrued during the marriage.
Non-marital property—such as assets acquired before marriage, inheritances, or gifts from third parties—remains separate, but you must be able to prove their non-marital character to protect them.
Equal Division vs. Equitable Division
Although equitable distribution often begins with the assumption of a 50/50 split, Florida law does not require an equal division. Courts can award an unequal distribution after evaluating factors such as:
Each spouse’s contributions to the marriage (including as homemaker or caregiver).
The length of the marriage.
Intentional waste, depletion, or hiding of marital assets.
Economic circumstances of each spouse.
Contributions to the career or education of the other spouse.
At The Law Office of Cindy A. Crawford, we know how to present persuasive evidence for (or against) deviations from a 50/50 split to protect your financial interests.
Factors Considered in Equitable Distribution
Courts consider various factors when dividing assets and property, including:
Contribution to the marriage by each spouse
Economic circumstances of the parties
Duration of the marriage
Interruption of personal careers or educational opportunities
Contribution to the personal career or educational opportunity of the other spouse
The desirability of retaining any asset intact and free from any claim or interference
Contribution of each spouse to assets and incurring of liabilities
The desirability of retaining the marital home for the couple’s minor children
Intentional dissipation or destruction of marital assets
These factors help the court tailor the division of assets and debts to the specific circumstances of the marriage, ensuring fairness. An equitable distribution attorney and property division lawyer with extensive experience in this area ensure that all relevant factors are carefully considered in the property division process.
Handling Debts in Equitable Distribution
In addition to dividing assets, marital debts are also divided. This involves the identification of marital debts and the division of such. Debts incurred during the marriage, such as mortgages, credit card debt, and loans, are generally considered marital.
Effective handling of debts is crucial to avoid future financial strain and disputes. An equitable distribution attorney and property division lawyer who is skilled and practiced in managing complex property division cases ensures that both assets and debts are addressed comprehensively and fairly.
Retaining The Law Office of Cindy A. Crawford
Equitable distribution and property division in Florida can be intricate and challenging. With Cindy A. Crawford’s extensive experience in handling these matters in Palm Beach Gardens, clients receive the most skilled guidance to navigate the complexities of asset and debt division. From understanding the distinction between marital and nonmarital property to ensuring accurate asset valuations and fair debt distribution, Cindy and her team’s expertise is essential for achieving a just and equitable resolution.
Our dedication to protecting our clients’ interests ensures that the property division process is handled with care and precision, ultimately leading to fair and balanced outcomes in divorce cases. With our team, you receive dedicated one-on-one attention, ensuring your concerns are heard and addressed with individualized and customized care. Our focused practice means you benefit from insights and strategies honed through handling a wide range of complex situations.
Cindy's approach is client-centered, emphasizing compassionate guidance and steadfast support throughout the legal process. She and her team understand the emotional challenges that can accompany family law matters and strives to provide not only legal expertise but also empathy and understanding. The Law Office of Cindy A. Crawford offers a reassuring presence backed by a solid reputation for achieving favorable outcomes. Our commitment to each client's unique needs ensures that you receive the attention and advocacy necessary to move forward with confidence during challenging times.
If you’re looking for a locally known and trusted Palm Beach Gardens divorce attorney, set up a consultation today by submitting the form below or calling our office to speak to a team member at 561-894-9050.
Feel free to browse our other pages and resources for more insights into family law and legal tips, including Alimony & Spousal Support, Divorce Mediation, Child Support, and Equitable Distribution. For more information about Cindy and her team, visit Meet the Team.
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Note: This post is for informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with one of our qualified attorneys.
Frequently Asked Questions about
Equitable Distribution & Property Division
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Equitable distribution is the fair division of marital property, assets, and debts between spouses during a divorce. It does not necessarily mean an equal split 50/50, but rather what is fair based on various factors.
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Marital property generally includes assets and debts acquired during the marriage, such as real estate, bank accounts, retirement accounts, and investments. Non-marital property, such as property owned before the marriage, inheritances, as well as some gifts, is typically excluded.
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Courts consider factors like the income and property of each party, the duration of the marriage, contributions to the marriage, financial circumstances of the parties, contributions to career and education, and tax implications.
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In more complex cases, assets are valued using financial analysts, real estate appraisers, and business valuation experts to ensure accurate valuations for fair distribution. In simpler cases, attorneys use the documents that are provided by the parties to substantiate values.
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Yes, couples can negotiate and agree on property division terms through mediation or the collaborative process, which are then presented to the court for approval.
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If a spouse attempts to conceal assets, a skilled attorney and forensic accountant can help uncover these assets to ensure a fair division.
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A QDRO is a legal order used to divide retirement accounts and some pensions fairly between divorcing spouses without incurring tax penalties. This is where attorneys become an essential part of the case.
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The duration varies based on the complexity of assets, level of cooperation between spouses, and court schedules. Having detailed financial records ready can expedite the process.