During a contested divorce, it is the duty of the court to distribute the marital estate, which includes both assets and debts. In Florida, property is divided under an equitable distribution standard. However, while there is a presumption that property will be equally divided, that does not always occur. The court can order unequal distribution under certain situations, taking into account several factors, such as: a) the length of the marriage; b) each parties economic circumstances; c) the contribution of one spouse to the career of the other; d) each spouse’s contribution to the marriage (including homemaker services); and e) the desirability of one spouse in retaining any asset or of retaining the marital home for minor children.

It is important to note that only property that belongs to the marital estate will be subject to distribution by the court upon divorce. Non-marital property refers to assets or debts that were: a) acquired prior to the marriage (and not commingled in the marital estate); b) properly excluded under a valid prenuptial or post-nuptial agreement; and c) received through inheritance or devise (again, so long as it was not commingled in the marital estate). Commingling of assets generally occurs when marital funds are used to pay for or upkeep otherwise non-marital property.

The marital estate can be comprehensive. It can include more than just real property, and may encompass business values, stocks, retirement benefits, investment accounts and more. Distribution of property can be an emotional process for an individual spouse. At Chaban Law Group, our attorneys are cognizant of the emotion that typically follows the splitting of an estate. We work with you to ensure that both parties receive equitable treatment under the law. Contact us today to discuss your specific marital estate.