Equitable Distribution

    Florida is an equitable distribution state, meaning there is a [rebuttable] presumption that all property and debts accumulated during a marriage, no matter whose name that item is in,  is  marital and should be divided equally between the parties.  Whether you  and your soon- to- be ex spouse are able to agree about the division of a marital asset or debt, or whether you plan to let the court determine your rights regarding your marital property, you will need an experienced family law attorney to advise you of the law and your rights regarding “equitable distribution.”  

Contact Stephanie McQueen, P.A. at (561) 659-8810 or through our website for a consultation with a family law attorney who can answer your questions about equitable distribution.

Even couples who have been married only a short time have often accumulated some assets such as a home or cars, and some debt— such as credit card debt.   And if you’ve been married longer, chances are that your spouse may have a pension plan, 401K or other assets to which you may be entitled to a share.  One thing you should know is that, usually, once your property rights and obligations are established by a final judgment of dissolution of marriage, that order cannot be changed in the future— even if your circumstances have changed. If you are getting divorced you could be distracted, emotional, and in a rush to “get it over with.”

A family law attorney’s advice now, may help you protect your rights  so that you won’t be sorry later.  And if there are children involved, child custody and support needs should be considered in any decision regarding division of the marital assets.