One of the key components to any Pensacola divorce proceeding involves the distribution of marital property. Marital property is generally defined to include all property, real and personal, obtained during the course of the marriage up to the point of separation. There are a handful of exceptions and types of assets that are not included within the definition and your Pensacola property dispute lawyer can help you determine which of these exceptions may apply to your situation. If you are facing an upcoming divorce proceeding and would like to speak with an experienced Pensacola property dispute lawyer about your division of property rights, we encourage you to contact us today.
Florida adheres to the equitable division of property scheme, which means that the court will review all aspects of each spouse’s situation to determine what will be fair and just. As opposed to states that split all property 50/50 down the middle, Florida courts take a more compassionate approach and award property in such a way such that both parties can maintain some semblance of normalcy. The courts will also take into consideration the earning potential of both parties as well as whether or not one party chose to maintain more of a homemaker role while the other pursued a career.
Property that is typically included in the division of property includes the marital home, cars, valuable personal property, debts and other assets. For instance, the parties must work out who will maintain possession of the home and who will continue making the mortgage payments. If the party to remain in the home is not the party typically responsible for the majority of the household income, the relocating party may be forced to make some of the payments. This amount could also be included in a spousal support agreement.
Property division is one of the most contentious issues in a divorce. Most divorces are settled before they actually make it to court, but this does not mean you don’t need an experienced legal advocate on your side. If you would like more information about the division of property during a Florida divorce, contact Pensacola property dispute lawyer Brad Fisher at 850-470-0100.