Asset Division

Experienced and Knowledgeable Legal Representation for Asset Division

One of the most complex aspects of ending a marriage is splitting the marital property. Florida law dictates that both spouses have a legal right to the assets they acquired during their marriage. If you and your spouse disagree on dividing your assets, you should reach out to Bergman Family Law. We can help you find the best possible solution for the division of assets in your marriage. Call (954) 419-4358 or reach out online to learn more.

Marital Property vs. Separate Property in Florida

Under Florida law, there are two main designations for property and assets in a marriage: separate and marital property.

Separate property is the sole property of one spouse. That means it is not considered in the division of assets. Property may be regarded as separate because:

  • One person owned it before marriage and did not share it with their spouse.
  • One spouse received an inheritance during their marriage and kept it apart from marital assets.
  • The couple used a prenuptial or postnuptial agreement to define certain assets as separate property.

In contrast, the marital or joint property consists of all other assets. These are the items and funds that must be split during asset division. An asset is considered joint property if it isn’t addressed by a prenuptial or postnuptial agreement and:

  • The couple acquired it during their marriage.
  • One person gives it to their spouse, regardless of when they received it.
  • The asset is “commingled” with marital property, such as depositing an inheritance into a joint account or allowing the other person to use a car that was initially separate property.

All marital property is to be divided equitably, which is not the same as equally. The judge may award one partner with a larger share of the matrimonial assets if there is a reasonable justification for the unequal split.

Resolving Asset Division Disputes in Florida

An experienced asset division lawyer is crucial if you have questions about how to split joint property. At Bergman Family Law, we specialize in helping couples split their assets fairly and without unnecessary conflict. Reach out today by calling (954) 419-4358 or messaging us online to discover how Harrison Bergman will help you pursue an equitable resolution to your property division dispute.