Fight For A Fair Distribution Of Your Marital Assets

Even divorces that start out friendly and cooperative often become emotional once money or children are involved. Having a capable, experienced equitable distribution attorney on your side can help you make the case for your fair share of your marital assets.

At the Law Office of Karen C. Ozyjowski, P.A., I understand Florida’s equitable distribution laws, and how to use them to protect your financial and material future. Responsive, straightforward and dedicated to helping you achieve your goals in a divorce, I will work with you directly to create your personalized legal strategy. I emphasize setting reasonable expectations and helping you understand your options, and I am not afraid to aggressively assert your rights in the courtroom when necessary.

Understanding Equitable Distribution

Under Florida law, all marital property is divided equally in a divorce. Florida courts typically consider all property acquired during your marriage to be marital property, regardless of whose paycheck it was purchased with or in whose name it is titled. This can include vehicles, houses and real estate, gifts between spouses, and retirement accounts owned by one or both of the spouses.

Demonstrating that an asset is not subject to equitable distribution can be essential to keeping it for yourself. This also avoids the requirement that your former spouse be equitably compensated for a marital asset you retain after a divorce.

Building a case that protects your property takes diligence, focus and careful preparation from a skilled equitable distribution attorney. To advance your interests in an equitable distribution dispute, I and my team will examine factors such as:

• Contributions of both spouses to the marriage, from child-rearing to income
• Future economic situations and opportunities of both partners
• Benefits of keeping ownership over the marital home, jointly-owned business or other assets

I have over 20 years of experience creating strong cases, and I am ready to help you establish what property from your marriage can be equitably divided, and which property should be kept separate.

Frequently Asked Questions About Equitable Distribution In Florida

I want all my clients to understand as much as they can about what to expect during the division of assets during their divorce, including things like:

What is equitable distribution in the context of a Florida divorce?

It is always important to remember that equitable distribution in a divorce is accomplished with an eye toward fairness – which does not necessarily mean that a couple’s assets and debts will be divided equally. The court will consider each party’s contributions (financial and otherwise) to the marriage, the marriage’s duration and each spouse’s economic situation.

How does Florida law define marital property?

Florida defines marital property as any asset acquired during a marriage, regardless of whose name is on the title or who purchased it, with a few exceptions for gifts, inheritances and assets carved out as separate property through premarital or postnuptial agreements. Marital property can include money paid during the marriage to retirement accounts, pension plans, insurance policies and appreciation or equity in real estate.

How does the equitable distribution process affect retirement accounts?

Retirement funds may or may not be distributed equally. Only the part of the retirement plan that was added to during the marriage will be considered marital assets, not the part that was established before the union. Typically, a Qualified Domestic Relations Order (QDRO) will be necessary to transfer a portion of one spouse’s 401(k) or other retirement plan to the other without incurring significant tax penalties.

How can an equitable distribution attorney assist me in a divorce?

The equitable distribution model is not always easy to understand. An attorney can help you identify your separate and marital property, navigate the process of fairly valuing certain assets (such as businesses or investments) and negotiate with your spouse and their attorney to reach a fair settlement. If the division process ends up in litigation, your attorney will advocate for a fair distribution based on your unique situation.

Your Equitable Distribution Case Is My Priority

As you navigate the challenges a divorce presents, work with an attorney who will make your success her priority. I will work with you directly to create a legal strategy that centers your goals and responds to your needs. Call my Law Office of Karen C. Ozyjowski, P.A., at 352-725-7002 or complete my online form to schedule your consultation.