Dividing property is usually one of the contentious parts of a divorce case. Divorcing couples must agree on how their marital or shared property will be divided, or a judge will have to decide on how their property will be divided. Either way, property division can significantly impact your financial security. With decades of experience in divorce law, Brian McMahon, our Port St. Lucie property division attorney can help make the complex process of dividing your marital property as fairly as possible to ensure you receive the property you deserve.
How Marital Property is Divided in a Florida Divorce
Florida follows the equitable distribution rules when dividing property during a divorce, which means that marital property must be divided equitably and fairly between spouses. But keep in mind that equitable does not automatically mean equal. Judges will consider various factors when deciding on property division matters.
In most cases, the assets that each spouse acquires while they are married are considered marital property and subject to equitable division, regardless of which spouse’s name is on the property. These assets may include:
- Personal property, such as furniture, electronics, etc.
- Real estate
- Checking and savings accounts
- Motor vehicles
- Pensions and benefits
- Family practices or businesses
- The marital home
- 401ks and IRAs
- Art pieces
- Stock portfolio
- Retirement accounts
- Intellectual property
Separate property or non-marital property will be considered separate property in a divorce. Except under certain circumstances, they will not be divided in a divorce. Unless a spouse contributed to the value of the other spouse’s separate property, financially or otherwise, the spouse may keep that property. Separate property usually includes:
- Pre-marital property
- Third-party gifts
- Assets obtained using the proceeds from selling separate property
- Settlements from personal injury claims
Brian McMahon, our Port St. Lucie property division attorney has handled all kinds of property division matters and can guide you through the entire process efficiently and effectively.
What Our Port St. Lucie Property Division Attorney Can Do For You
No matter your situation, attorney Brian McMahon will:
- Identify, locate, categorize, and value the assets that must be divided and protected.
- Help negotiate marital settlement agreements out of court. We understand that not all divorcing couples are willing to talk to each other. That is why your attorney will handle the entire negotiation process to increase the chances that you reach a fair agreement with your spouse.
- Determine the best way to divide debt.
- Mitigate the tax consequences of the expected property division outcome.
- Represent you in court.
Get In Touch With a Skilled Port St. Lucie Property Division Attorney Now
If you are considering filing for divorce or have been served divorce papers by your spouse, you must act quickly to ensure your assets are protected. Our Port St. Lucie property division attorney, Brian McMahon, has over 30 years of experience helping people with their divorce issues, including property division. To discuss your case in a free case evaluation with our Port St. Lucie property division attorney, please call our office at 772-228-6701 or send us a message online.