Equitable Distribution Attorneys in Martin County
Helping Clients Divide Marital Assets in Stuart, Jupiter & the Surrounding Areas
One of the most contested aspects of divorce is the distribution of marital assets. At Deckard, Kofsky & Clark, PLLC, our lawyers can help you retain and/or obtain a fair share of your property. We will work directly with you to make a detailed inventory of your assets and debts and help you protect what is rightfully yours. Our attorneys are prepared to aggressively protect your best interests in and out of the courtroom.
Marital vs. Non-Marital Assets
Florida divides assets based on the "equitable distribution" model. This means that the court will determine who receives what assets according to what would be the fairest. The court is only permitted to divide marital assets because non-marital assets are considered to belong to the party who acquired them.
To determine an equitable distribution of assets and debts, the court must first determine which assets are marital. The process may seem straightforward but can get confusing for items such as homes and properties. For example, if a home was purchased before a couple was married, but both parties used their income to pay the mortgage, the home could be considered marital property.
Common factors a court will consider when dividing property are:
- All assets acquired during the marriage (marital and non-marital)
- All gifts each spouse gave to the other
- All assets and debts acquired before the marriage
- Each party’s retirement fund, deferred compensation, insurance plan, pension, profit-sharing program, and any other relevant financial factors
- Income from non-marital assets
- The existence of a pre- or post-nuptial agreement
- The length of the marriage
- The economic circumstance of each party
- The existence of minor children
- Each party’s contribution to the marriage (including taking care of the home and children)
Once the above factors are gathered, the court will assign each marital item a monetary value. They will then determine which party would benefit the most from the possession of each asset and divide it accordingly.
Does the Court Divide Marital Debt?
The court attempts to divide marital debts in a fair and just manner. They do this by assigning payment responsibility to one spouse or the other. For example, if one spouse used a jointly held credit card more than the other, the court could determine the spouse who used it more often should be responsible for paying off that debt.
While the court may assign marital debts to either party, collection agencies may not honor this arrangement. This means that if the party responsible for paying the debt does not maintain their payment plan, the entity who is waiting for the debt to be fulfilled may go after the other party. If this occurs, our equitable distribution attorneys in Stuart can help you protect your best interests.
Count on Our Lawyers to Help You Fairly Divide Marital Assets
At Deckard, Kofsky & Clark, PLLC, our attorneys will help you determine which marital assets belong to you and strongly defend your position in the courtroom. We will stop at nothing to obtain the most positive outcome to your situation.
“Mr. Deckard who is a former police officer saw through the lies and fought hard to keep me out of prison.”- Former Client
“I was in a difficult marriage and needed a lawyer who was able to help me through the divorce and protect my kids. Mr. Kofsky was ...”- R. Sessions
“Martin Kofsky represented me in an ugly divorce last year. I picked him because he was smart and tough...”- M. Moran