Tampa Equitable Distribution Attorneys
Protecting Your Rights During Property Division
In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, the court shall set apart to each spouse that spouse's non-marital assets and liabilities. This is also available in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets. Our Tampa divorce lawyers at Givens Givens Sparks are here to help.
Ready to schedule your case evaluation? Call (813) 518-7941.
How is Property Distributed?
In distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors including:
- The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
- The economic circumstances of the parties.
- The duration of the marriage.
- Any interruption of personal careers or educational opportunities of either party.
- The contribution of one spouse to the personal career or educational opportunity of the other spouse.
- 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.
- 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 non-marital assets of the parties.
- 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.
- 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.
Any other factors necessary to do equity and justice between the parties.
Benefit from Skilled Advocates with Extensive Knowledge
At Givens Givens Sparks, our Tampa equitable distribution lawyers have more than 135 years of combined experience. We are also proud to be led by two Board Certified Marital and Family Law Specialists, as well as multiple other attorneys who have been selected for inclusion in the list of Super Lawyers®. We are well aware of how difficult this situation can be and we make it a point to provide high-quality legal counsel when you and your family need it most.
Learn more by contacting our firm today at (813) 518-7941.