Separate Property Division and Divorce: Pre-Marital Property, Inheritance, Gifts, Property Owned prior to Marriage, Prenuptial or Postnuptial Agreements ◦ Miami, Fort Lauderdale, Palm Beach, Florida, Family Law Attorney
Issues Surrounding Marital Property or Debt
Pursuant to Florida Law, only property or debt that's part of the marital estate is subject to division between the spouses. If property or debt was acquired during the marriage, it's usually marital property or a marital debt.
To get a firm understanding of the laws, exceptions and complications of characterizing marital property or debt contact Senior Partners David Filler or Catherine Rodriguez at 305.672.5007 for immediate attention to your legal needs. We have extensive experience in evaluating and characterizing marital property or debt.
Characterization of Marital Property or Debt
In any given divorce, one spouse may find it advantageous to argue that a particular asset is separate property and should not be subject to equitable division. At Levey, Filler, Rodiguez, our team of experienced business, family and tax attorneys, can advise you about the legal principles and proof required to demonstrate whether an asset, property or debt should be separate or attributed to one spouse over the other. Under Florida law, there are several situations where property or debt may deemed to be separate and not part of the marital estate. These include but are not limited to:
- Real estate owned by one spouse before marriage
- Property held separately prior to marriage that has increased in value
- Property mentioned in a prenuptial or postnuptial agreement
- Inheritance or interests in a trust or family limited partnership
- Personal injury damage awards or settlements
- Gifts or bequests
- Assets commingled during a period of cohabitation before marriage
- Retirement accounts, pensions or 401(k) interests reflecting employment both before and during the marriage
- Debts paid during marriage on one spouse's premarital obligations, such as student loans or tax obligations
- Credit Card or other debt used for non-marital uses that could be considered marital waste.
Our firm understanding of Florida law and ability to analyze and characterize all the issues surrounding marital property or debt sets us apart from our competitors and will assist your bargaining leverage in settlement negotiations or at a court hearing on marital property or debt division issues.
