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Equitable distribution in a divorce does not always mean equal
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Equitable distribution in a divorce does not always mean equal

On Behalf of | Mar 16, 2023 | Divorce

During the emotional, personal and financial upheaval of a divorce, people will hear many terms that could be confusing. In Florida, a common issue for couples is how their property will be split. This is where equitable distribution enters the picture.

While it might sound as if the property the couple accrued during the marriage will be shared equally, that is not always the case. Equitable does not necessarily mean equal. For these and other matters that come to the forefront in a family law case, it is essential to have caring help that can address these areas when trying to forge a positive resolution.

What factors would lead to an unequal distribution of property?

In general, the court will try to split the marital property equally. Despite that objective, there are factors that would warrant unequal distribution. Economics and contributions to the marriage play a fundamental role.

If one person was the primary income earner in the marriage, but the other was integral to their success by caring for children, taking care of the home and fulfilling other important roles in a marriage, the distribution of property can be impacted by that.

The court will also consider how long the marriage lasted. In some instances, a person interrupted their own education and career advancement to help the other with theirs. That will be assessed. They also could have paid to help the education of the other party.

The assets themselves are considered. For example, one side might want to retain a business without the other having any involvement. That might need negotiation with trading properties between the couple. Simply because a person did not earn the income or build a business does not mean they did not help with it. The court will need to look at these factors when deciding on how to distribute the marital property.

Having qualified assistance with property division is vital in a divorce

To be fully protected during a divorce when people are at odds over property division, it is imperative to have professional assistance. These cases are not always an endless series of disagreements, but they can be complicated and challenging.

It is wise to have legal guidance to try and get a good start toward a new life and retain as much of the marital property as possible for financial security. Contacting professionals who show compassion and skill in reaching a positive result can be key to a case.