Category Archives: Property Division
Do Assets Acquired After Filing For Divorce Qualify As Marital Assets?
The answer to this question is more complicated than it seems, as Florida courts generally use three dates when classifying marital assets and debts. The first is the date on which the parties executed a separation agreement, while the second is the date agreed upon by the parties in such an agreement. If, however,… Read More »
Three Divorce Tips For Florida Business Owners
For business owners, divorce often comes with an additional layer of legal complexity. Couples will, for instance, only be able to finalize their divorce when they have decided who will retain the asset and if both parties’ want to retain an interest in the company, who will be responsible for managing it. This process… Read More »
Are You Concerned About a Hidden Bank Account?
The divorce process requires that couples contend with a number of important issues, with property and debt division often making their way to the top of the list. While many spouses are honest with each other regarding their assets, some fail to fully disclose what they own, which can significantly affect the fairness of… Read More »
How a Postnuptial Agreement Can Make Property Division Easier
Postnuptial agreements have become increasingly popular amongst married couples in Florida who wish to clarify their duties and obligations in the event of separation. These contracts can go a long way towards helping couples make it through the property division stage of divorce with less conflict and confusion. However, this is only true if… Read More »
Terminating Beneficiary Designations Upon Divorce
While life insurance policies help provide financial security to a policyholder’s loved ones upon his or her death, they can also cause confusion when a couple decides to divorce. For instance, many people choose to list close relatives like spouses as their beneficiaries on these policies. Although this can be advantageous during marriage, it… Read More »
Do I Need a Property Appraisal for My Home?
For many of us, our homes are one of our most valuable assets, which makes any determinations related to home ownership extremely important during divorce proceedings. Before deciding whether one spouse will be permitted to retain the exclusive use and ownership of the residence, how the other party will be compensated, or whether the… Read More »
Who Pays Student Loan Debt in a Florida Divorce?
In Florida, couples who decide to end their marriages must divide all of their marital assets in an equitable manner. This same rule applies to debts acquired by either party during the course of the marriage. Resolving debt division-related issues can become more complicated, however, when one of the parties has accumulated a significant… Read More »
Incurring Marital Liabilities
When divorce is on the horizon, it is not uncommon for couples to begin worrying about whether they will be held responsible for each other’s debts. In many cases, these concerns are valid, as debts, just like assets, must be divided between divorcing couples based on an equitable division standard. Essentially, this means that… Read More »
Will Keeping a Separate Bank Account Protect My Assets?
Many couples who get married decide to retain separate bank accounts, even if they do open a joint account to pay for living expenses, such as rent and utility costs. While this may seem like it would simplify the property division process upon divorce, the reality is that this is not always the case,… Read More »
Who Retains Interspousal Gifts After Divorce?
Florida is an equitable distribution state, which means that divorcing couples must divide all of their marital property in an equitable, or fair manner before their divorce can be finalized. In some cases, determining what qualifies as marital property is a simple process. However, this is not always true, so if you and your… Read More »
