Equitable Distribution Dedicated. Tenacious. Committed.

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.

Contact our firm at (772) 238-7231 to schedule your consultation today.

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.

Fill out our online contact form or call us at (772) 238-7231 for your initial consultation.

Real People. Real Experiences.

Our Former Clients Share Their Stories
  • “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

Why Choose Our Team?

We Have Your Back. Always.
  • Meticulous Preparation

    We carefully review all the details of your caseĀ  to create a strategy that delivers favorable results.

  • Personalized Plan & Support

    Every dispute is unique and requires a tailored approach. Your case receives the hands-on attention it deserves.

  • Team-Driven Environment

    You have the guidance, seasoned experience, and in-depth knowledge of our entire team. We're in this together.

  • Multi-Practice Firm

    We are equipped and ready to handle multiple types of cases ranging from divorce, criminal defense, to complex litigation.

Let's Get Started Together

We'll Help You Navigate the Process
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.