equitable division Archives > Ferraro Law Group, PL

equitable division

When Custody And Property Rights Collide

house and gavelWhen a couple with children divorces, issues of custody and visitation always arise. Part of reaching a decision about the kids is figuring out who makes important decisions regarding important issues, such as medical treatment and child care. And of course one of the most difficult decisions, that no parent should ever face, is how to pay last respects to a child when that child predeceases the parent. When the parents are divorced, this unimaginably hard time can be made even more so if the parties are unable to reach an agreement on final arrangements.

A case that highlights the legal complexities of dealing with property rights and children in a divorce was reported by the local news:

● Four years ago, Scott Wilson’s life was cut tragically short.

● Wilson was the… Continue reading

The Difference Between Community Property and Equitable Division

house with gavel and moneyDeciding who gets what when a couple divorces is an emotionally charged issue. How property is divided among the parties depends on where you live. Some states are considered community property states, which means all property the couple acquired while married is considered equally owned by each spouse. When a couple files for divorce in a community property state, the property is divided in a 50/50 split.

 

The opposite of community property is called equitable distribution. Florida is an equitable distribution state. This means when parties divorce, the marital property is divided equitably. This does not mean equally, it means the Court will consider what is most fair when making its property division order. Some of the things the Court will consider when deciding a fair distribution of property include:

 

● Length of the marriage

● Each party’s contribution to… Continue reading