In This Section

Property And Asset Division

Representing Broward County, Florida, With Property Division Divorce Matters

Property division can be a very complex issue, especially if you own a business or other significant assets.

The first step is determining which assets are marital and which assets are nonmarital.

Understanding How Assets Are Divided In Florida

Marital assets are assets that are part of the marital estate and are accumulated from the date of your marriage until the date of separation. These often include savings and investments, businesses, real estate and retirement benefits.

Nonmarital assets generally include those assets you had prior to marriage and were not co-mingled and any passive appreciation of those assets, as well as gifts and inheritances received after marriage. They fall outside the marital estate.

Gray Areas Of Asset Division

While the rules determining marital and nonmarital assets may seem straightforward, there can be many gray areas where you need a lawyer's advice regarding property division. For example:

  • If you co-mingled nonmarital and marital assets, then those assets could be considered marital. Co-mingling is putting both names on property, putting money into a joint bank account or putting a title in both names.
  • One party may have unequal distribution in marital property. For example, if you used separate property to make a down payment on a house, then you would be entitled to receive that equity back before the asset is divided.
  • If you actively invested stocks owned prior to marriage, then the appreciation may be considered marital property.

Contact Us For Assistance

If property division issues are keeping you up at night, we at the Law Offices of Jerome P. Ventura, P.A., can provide the answers.

Our Pembroke Pines founding lawyer, Jerome Ventura, is highly experienced in identifying marital assets and can help you understand how family law courts in Florida have treated those assets in other divorces.

For an initial limited consultation at no charge, call 954-399-5850 or complete the contact form. Evening appointments are available.

Click here to learn more about how family-owned businesses are treated in a Florida divorce.