Property Division — Going From “Ours” To “Yours And Mine”
The division of marital assets and liabilities is often a major point of dispute in divorce cases. Attorney Rebekah Brown-Wiseman is meticulous in identifying and dividing assets, including real estate, savings, pension, businesses and other assets. Attorney Brown-Wiseman has years of experience dealing with divorces of all types including those with complex and high-value asset estates. In general, all assets acquired during the marriage, with the exception of inheritances and income produced from nonmarital assets are considered marital property.
Equitable Does Not Necessarily Mean A 50-50 Split
In Florida, divorce matters are handled in a court of equity where justice is administered according to fairness. Florida judges have the power to equitably distribute all property acquired by the husband or the wife, or either of them, whether legal title lies in their joint or individual names.
How To Determine What’s Fair?
There must be a good reason to favor one party over the other to vary from a 50-50 split of assets. For example, if your spouse spent $8,000 of marital funds on a vacation for an affair, equity can permit you to a larger share of the remaining marital assets.
Maximizing The Benefits To Clients
When determining how to divide marital assets and property there are three important dates: the date of separation, the date of the divorce petition and the date of the anticipated final judgment. The division of property will be based on one of these dates and it is important that your divorce lawyer understands which will be most advantageous to you. Rebekah Brown-Wiseman knows the nuances of property division law and she can analyze your particular circumstances and develop a strategy aimed at maximizing the potential benefit to you.
Special Equity And Nonmarital Assets
Special equity issues arise when one spouse has an interest in the other spouse’s otherwise nonmarital asset, such as bank accounts or rental property. Divorce lawyer Rebekah Brown-Wiseman explains what constitutes “commingled property” and analyzes whether a special equity exists or if the asset maintained its nonmarital status. In complex division of marital and nonmarital asset cases, especially if corporations are involved, attorney Rebekah Brown-Wiseman works closely with forensic accountants to track and evaluate assets and liabilities.