West Palm Beach Property Division Attorneys

No aspect of divorce is easy to navigate, and property division is no exception. It is common for a party to go after assets or property simply out of spite toward their future ex-spouse. You can rest easy knowing our experienced property division attorneys are doing everything within their power to earn the most favorable outcome in your case.

Here at Rudolph & Associates LLC, we are a Florida family law firm that has been defending clients’ futures for years. We know that the results of these cases can impact you for years to come, which is why we use every resource at our disposal to win your case.

Why It Is Crucial To Have An Attorney

If you and your spouse are trying to approach your divorce in a civil manner, they may suggest that you do not need an attorney to represent you. This could not be further from the truth. Without an attorney, you leave yourself vulnerable and at risk of losing everything valuable to you, especially in high-asset divorces.

We are prepared to look out for your best interests in some of the most complicated areas of divorce, such as:

• Retirement accounts
• Real estate involving multiple homes
• Businesses
• Stocks
• Collections
• Cars and boats

These areas can come with complicated division issues between two parties. We use our comprehensive negotiation and litigation skills to explore every avenue to protect what is rightfully yours.

What Are The Differences Between Marital And Separate Property In A Florida Divorce?

Florida law divides property into marital and nonmarital groups before the court divides your marital estate. Property that you or your spouse gain during the marriage will usually count as marital property. This can apply even if only one spouse appears on the title. Nonmarital property, by contrast, may stay with the spouse who owns it. How you use an asset during the marriage can still affect its status.

Marital property may include:

• Income earned during the marriage
• A home bought with marital funds
• Retirement benefits earned while married
• A business started during the marriage
• Investments bought with marital income

Property that may stay separate includes:

• Assets you owned before marriage
• An inheritance left only to you
• A gift given only to you
• Property covered by a valid written agreement
• Certain income from nonmarital property

The issue can become harder when you mix marital and separate finances. For example, you may place inherited money in a joint account and later use part of it for household costs. That may create a dispute over whether the money still remains separate. Bank records, deeds and account statements can show where the asset came from and how you used it. Your attorney can then use those records to support your position before the court divides the property.

What Factors Influence How Property Is Distributed In Florida?

Florida follows equitable distribution laws, meaning the court divides marital property fairly but not necessarily equally. The court considers several key factors when determining how to distribute your assets. These include the length of your marriage, each spouse’s economic circumstances, contributions to the marriage (both financial and nonfinancial), career sacrifices made by either spouse and each person’s earning capacity.

The court also examines who contributed to acquiring specific assets, any interruption of careers for family responsibilities and the desirability of keeping certain assets intact, such as a family business. Additionally, judges consider any intentional waste or destruction of marital assets by either spouse. Our experienced divorce attorneys help you present these factors effectively to achieve the most favorable property distribution outcome possible.

How Are High-Value And Complex Assets Divided In A West Palm Beach Divorce?

Some assets require more review because their value or ownership may not appear clearly at first. Retirement accounts, pensions, businesses, stock accounts and real estate can contain both marital and separate portions. As a result, the date of each purchase or contribution may affect how much enters the marital estate.

Your attorney may review tax returns, account statements and ownership records to learn more about each asset. A business may require a valuation, while real estate may require an appraisal. Stock and investment accounts may also require a review of deposits, purchases and transfers. Together, these records can help show the asset’s value and what portion may qualify as marital property.

How Can You Protect Your Separate Property During Divorce?

You can support a separate-property claim by keeping records that show where an asset came from and how you handled it. Those records can also help your attorney trace ownership if your spouse challenges the asset’s status.

Useful records may include:

• Deeds and closing documents
• Bank and investment statements
• Inheritance records
• Gift and transfer records
• Prenuptial or postnuptial agreements

Your attorney can use these records to build a clear history of the property. If marital funds paid for repairs, debts or other costs linked to a separate asset, the issue may require further review. Organized records can make that review easier and help your attorney explain why certain property should remain outside the marital estate.

Begin Defending Your Estate Today

If you are facing a high-asset property division in your divorce, you need to act today to begin building your best possible defense. If you are in the West Palm Beach area, contact Rudolph & Associates LLC by calling [561] 655-1901.

You can also complete our online form to schedule your initial consultation today to talk with an experienced and compassionate property division attorney who can prepare your custom-tailored strategy.