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Protecting Your Property Rights in a Florida Divorce

Florida law calls for an equitable distribution of marital property when two spouses divorce. However, "equitable" is not necessarily the same thing as "equal," and an even split is often not the outcome.

These matters can become particularly complicated when a divorce involves a high net worth estate.

Protect your rights and interests. Ensure that marital property is accurately valued and correctly characterized.

If your divorce involves complex assets, it is crucial that you have on your side an experienced divorce lawyer with the resources and professional affiliations needed to accurately value items of property and correctly categorize them as marital property or separate property.

Unfortunately, in some cases, a spouse will try to hide valuable property from consideration in the divorce settlement. At Cofiño Trial Law, we work with forensic accountants and financial professionals to uncover hidden assets and ensure that our clients' rights and interests are safeguarded during and after divorce.

We have extensive experience in identifying, valuing and correctly categorizing all of the following types of property:

  • Commercial and residential real estate
  • Businesses and professional practices
  • Investment accounts
  • Pensions and retirement accounts
  • Art collections, home furnishings and jewelry requiring appraisal

Is it marital property or separate property?

In Florida, property acquired by either spouse during the course of the marriage is generally regarded as marital property, which is subject to division when the spouses divorce.

However, separate property is not necessarily subject to division. Separate property may include business assets acquired prior to the marriage date; any inheritance received by only one spouse; any personal injury settlement received by only one spouse.

Separate property can, however, become mingled with marital property and therefore become subject to division at divorce. Additionally, if the value of separate property increases during the marriage, the increase in value may be subject to division.

Postnuptial and prenuptial agreements can clarify these matters by stating exactly what, if anything, should be divided in the event of divorce, but in some instances, these kinds of agreements can be successfully challenged.

To learn more, please see Cofiño Trial Law's divorce overview. We advise and represent divorcing spouses in Miami Beach and throughout South Florida. 

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