Dividing Assets and Liabilities is Serious Business


Equitable Distribution in Florida family law presumes that for the most part, assets and liabilities are equally divided between parties.  There are however exceptions to this concept that may require the help of a qualified family law attorney to discern.  Courts may consider factors such as the existence of an asset or liability prior to the marriage, marital effort to enhance an asset, and the intentional dissipation or wasting of an asset or creation of a liability.  There are various other factors a court may consider that could impact the division of your assets and liabilities.  Pensions, retirement plans, annuities, business interests, stock options and deferred compensation often present unique issues that require special consideration by a family law attorney.  As a Board Certified Marital and Family Law attorney, Mr. Davis has both the experience and knowledge base to deal with the kinds of unique issues that arise with more complex assets.  Mr. Davis routinely works with qualified professionals such as forensic accountants, appraisers or business valuators, to help develop strategies and valuation methods for marital assets and liabilities.  Pursuant to section 61.075, Florida Statutes, the Court is to consider the following factors in determining the division of assets and liabilities:

  1. The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

  2. The economic circumstances of the parties.

  3. The duration of the marriage.

  4. Any interruption of personal careers or educational opportunities of either party.

  5. The contribution of one spouse to the personal career or educational opportunity of the other spouse.

  6. The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

  7. The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

  8. The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

  9. The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

  10. Any other factors necessary to do equity and justice between the parties.


Our team based in Tampa practices divorce and family law throughout Florida, but primarily represents clients in Hillsborough, Pinellas, Pasco, and Polk counties.  Wherever you need an expert attorney who is Board Certified in Marital and Family Law, we stand ready to help .  We thank you for taking the time to review our website. If you have questions, or would like to schedule a consultation at our Tampa office, please contact us at (813) 251-6222.

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