Equitable Distribution in Tampa
Equitable distribution refers to the way that spouses in Florida divide their property and debts in a divorce. The court divides all marital property in an equitable fashion unless agreed to otherwise by the divorcing spouses. The courts consider equitable to be what is fair, and not necessarily equal. A spouse may receive between one-thirds and two-thirds of the marital property. A court’s analysis of a fair and equitable award will focus almost exclusively on the economic conditions of the parties at the time of divorce to determine what division of resources is fair. A court might consider: the length of the marriage; a spouse’s contribution as a homemaker; the parties’ relative earning capacities; consideration of one spouse’s absence from the job market; a spouse’s contribution to the other’s education or earning ability; the spouses’ respective financial needs, especially considering parenting duties; or the relative health of the parties and or disability of a party. Because Florida follows equitable distribution laws, it is not a community property state.
Equitable Distribution Solutions
Open Palm Law will fight for your marital assets to be distributed as equitably as possible. Open Palm attorneys understand important arguments regarding what property should be considered non-marital and those that are marital. They work to stay apprised of new case law regarding equitable distribution.
FAQs for Equitable Distribution
How is property divided?
Florida is an equitable distribution state, meaning that the court divides all marital property in an equitable fashion unless agreed to otherwise by the divorcing spouses. The courts consider equitable to be what is fair, and not necessarily equal.
Is all property subject to equitable distribution?
No. Only marital property is subject to equitable distribution. Marital property is all property acquired during the marriage.
What is non-marital property?
Non-marital property includes property obtained during marriage by gift, bequest, devise or descent, or property otherwise provided for in a written agreement. Such property, along with any assets acquired before or after marriage, is considered the separate property of the acquiring spouse.
Are gifts between spouses during a marriage considered marital property?
Yes, they are subject to equitable distribution.
If my spouse and I agree on a distribution that is not exactly equitable, will the court accept it?
Yes. If the parties to a divorce are able to agree to their property distribution, the court typically will allow it even if it one side receives more assets than the other. But if the parties cannot agree and have to litigate their divorce, the court can only equitably distribute the marital assets and liabilities.
Is Florida a community property state?
No. Florida has adopted what is known as “equitable distribution.” Under the “equitable distribution” scheme, marital property is fairly divided between the parties.
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“Joryn was simply amazing. Her supporting, consistent, honest, and most importantly – productive – approach was exactly what I needed to get through the process. A court trial was imminent if we did not have a successful mediation (the third one!), and no other attorney was able to focus the entire team like Joryn.”Danielle, January 2016
JORYN JENKINS | FOUNDING PARTNER,
TRIAL ATTORNEY, COLLABORATIVE ATTORNEY
Open Palm in Tampa, Florida is proud to present our firm’s founder, Joryn Jenkins. Please take a moment to read about her qualifications to assist you. We also invite you to view her resume.
In the beginning, Ms. Jenkins worked for one of the ten largest law firms in the country in its Washington, D.C. office. After nearly three years practicing in all aspects of regulatory law, she took a break from big firm life to work exclusively for one of her own clients on a class action involving more than fifty sex discrimination claims in California. When she returned to the East Coast, she accepted an offer from the state attorney in Tampa, E.J. Salcines (now an appellate judge). CONTINUE READING…