Debt and
Property Division

Debt and Property Division

For many divorcing couples, the biggest issue in a divorce is dividing marital property and debts. The way your marital property and debt is divided will impact your future in many ways. It is very important to work with a lawyer who understands exactly how much is at stake. For years, people across Marion County and beyond have relied on me, family attorney J. Melanie Slaughter, to protect their property interests in divorce.

How Do Florida Courts Divide Marital Property?

Under Florida law, courts are required to divide all marital property equitably. Courts are required to assume that marital property will be divided equally unless there is justification for doing so. Under the law, marital property includes the following:

  • Any assets or debts acquired by the couple during the marriage
  • Gifts between spouses
  • All retirement and pension funds accrued during the marriage
  • The appreciation in value of any nonmarital assets, if marital assets were used to contribute to this appreciation in value

In addition, any real estate held jointly by the parties is presumed to be a marital asset as well. In most cases, marital debts and property will be divided 50/50, although there may be reasons to split this differently. As your family attorney, I will work closely with you to understand your goals and how to achieve them. In most cases, we will work out a negotiated solution, but if the other side is not being reasonable, I will be ready to take action in the courtroom.

I fully understand the unique issues involved in these cases, particularly when pensions and retirement accounts are involved. Whether you receive a pension or if your spouse does, I know how to find fair, sensible solutions that will give you the best chance of moving forward from your divorce on solid financial ground.

Schedule A Consultation Today

Give us a call at 352-789-6363 or complete my online contact form to set up a consultation.