Equitable Distribution of Property, Assets, and Debts

Florida is an Equitable Distribution state rather than a Community Property State. Florida legislators have tried to simplify the property settlement process of divorce by using an equitable distribution model. In this model, all marital property and all marital liabilities (debts) are presumed, initially, as a starting point, to be divided equally between the two divorcing spouses. However, more often than not there is not a clear-cut division of martial assets and debts. Assets can change and often will do so over time. Marital property can consist of pensions, annuities, trusts, real property, and savings. But some property and debts acquired during marriage may not fall into the category "marital" and would not be equitably distributed during a divorce proceeding.

Because of the uncertainty in having the court divide property among the parties, you should seek the advice of an experienced family law attorney. Call Anne E. Raduns, P.A. for a free consultation. She has experience at negotiating an equitable distribution of your property and debts, including real estate holdings, pension and retirement plans, stock options, collections, and other assets in a divorce.

We assist our clients in all aspects of property division, including the following:

• Classification Issues: Was the property, asset, or debt acquired prior to the marriage, and is it still discernible, i.e., can it still be identified or has it been so intertwined with marital assets or debts that it cannot be specifically identified. Anne E. Raduns, P.A. is experienced at representing men and women in property division/classification matters to determine whether property is marital or non-marital and if marital property has been commingled or lost it’s non-marital identity.
• Asset Valuation Issues: How much is it worth? What date do we use for valuation purposes? What about professional practices (such as lawyers, doctors, engineers, accountants, and architects)? What about pension plans and stock options? How much are valuable collections?

Anne E. Raduns, P.A. understands how guide you through the process of valuing the marital estate and family residence. Our firm works with a network of experienced professionals and appraisers, as well as actuaries, real estate brokers, and other specialists to obtain a fair valuation of all marital assets and debts.

If you are contemplating a divorce or if you have been served with a divorce petition, and you have substantial assets and debts that will need to be divided, please schedule a confidential consultation with Anne E. Raduns, P.A. We can assist you in understanding your rights, your options, and protecting your interests.