subject: Florida Divorce Law: Allocation of Possessions [print this page] Florida Divorce Law: Allocation of Possessions
One of the biggest concerns in any divorce proceeding is the distribution of the matrimonial belongings. Florida divorce law obliges the court to divide the marital belongings on an impartial basis. The even handed distribution depends on the circumstances of each particular case, which may lead to some ambiguity on how the court will distribute the matrimonial property. This is why it is important to find an experienced Tampa divorce attorney to take care of your divorce proceedings.
Marital possessions are those assets which were acquired during the marriage, regardless if the possession was acquired separately or mutually. For instance, any inter-spousal present throughout the marriage would be constituted as a marital property under Florida divorce law. In addition, all vested and non-vested benefits received at some stage in the marriage in retirement, pension, profit sharing, deferred compensation, and insurance plans will also be deemed matrimonial belongings under Florida divorce law. Also, all real property (real estate) held by the parties as tenants by the entireties acquired throughout or before marriage will be recognized by the court to be a nuptial possession. A spouse contesting that real property held as tenants by the entireties is not a matrimonial property has the burden of defeating the assumption that it should be specified as a marital property. Also, any rise in cost and appreciation of non-matrimonial possessions ensuing from the labors of either spouse will be constituted as a nuptial asset under Florida divorce law.
The court is obliged to initiate with the basis that the allotment of marital belongings be the same, unless there is validation for an unequal allocation based on the state of affairs. A skilled Tampa divorce attorney will endeavor to show the court that the belongings should be allocated according to his client's benefit and not just a 50/50 split.
Our group of skilled and dedicated Tampa divorce attorneys will work hard to maximize your property allocation in any divorce, regardless of the state of affairs. Divorces are never simple, but our group of Tampa Divorce Lawyers will use their skills and experience to make it as easy as possible for our clients. We will manage the negotiations and battle for you to get the asset allotment you ought to have. Contact us now for a no-cost consultation with one of our seasoned Tampa Divorce Attorneys.
