Ask a Miami divorce lawyer: Marital assets

The dissolution of any marriage – no matter how amicable – always has the potential to turn contentious, particularly with regard to alimony, child support and the divisions of assets. As such, it is important to secure the counsel of an experienced Miami family attorney to both expedite this complex process and protect your personal interests.

As your Miami divorce attorney can clarify, Florida courts generally favor the equitable distribution of marital assets, unless they are presented with cause to do otherwise. Previously, we documented the factors that will be taken into account when determining how property, personal possessions and other items will be divided. Today, we’ll qualify what constitutes “marital assets” as opposed to nonmarital assets.

Under state statute 61.075, marital assets and liabilities are defined as such:

• Assets and liabilities acquired by either party separately or jointly over the course of a marriage
• Gifts exchanged between parties during a marriage
• Increased value of nonmarital assets due to investment by one or both parties during a marriage
• “All vested and nonvested benefits, rights, and funds” garnered over the course of the union from “retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.”

In a future post, we’ll review nonmarital assets as they are defined by Florida law. Equipped with this knowledge, you and your Miami divorce attorney can ensure that the court is privy to all relevant information when ruling on your case. If you are currently going through a divorce, contact experienced Miami family attorney Scott A. Ferris, Esq. at 305-670-3330 to discuss your case. He prides himself on his dedication to his clients, so no matter when you need him, he will be ready to answer your questions and argue on your behalf.