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Marital And Nonmarital Assets: How Are They Determined?

As attorneys, our value comes in being able to develop and execute persuasive arguments that influence how a judge or jury sees a particular set of facts. In few areas of divorce and family law is this skill set more essential than in arguing for how property should be divided between spouses.

Dividing Assets In High Net Worth Divorces

Florida adheres to an equitable distribution scheme for dividing property in a divorce. This means that the court will characterize property as being either marital or nonmarital. A judge will set aside nonmarital property to the respective spouses and divide marital property equitably.

Keep in mind that “equitable” does not mean “equal” and that a court has the discretion to consider other factors that may result in something apart from a perfect 50-50 division of marital assets.

Many types of property may seem squarely nonmarital at first glance. For example, our clients may initially believe that they have no property interest in a house owned by the other spouse prior to the marriage or stocks and bonds that are maintained solely in the other spouse’s name.

This is precisely where our experience and expertise in complex property division matters come into play. We look beyond the surface to see the contributions our clients have made to property that might otherwise be considered nonmarital. For example:

  • Did our client contribute financially to his or her spouse’s nonmarital real estate holdings?
  • Did our client rely on income from nonmarital assets such as stocks and bonds?
  • Did our client provide other contributions (such as intellectual property) that allowed the other spouse to obtain nonmarital property?

These and many other questions will guide us as we closely examine both your and your spouse’s assets to determine how to help you retain as much property as possible as we finalize your divorce.

Protect Your Property Interests. Contact Our Fort Myers Firm Now.

For legal representation that considers your financial security to be the highest priority, consult with one of our experienced divorce lawyers. Send an email or call 239-243-9287 or toll free 888-831-2597.