Ask a Miami divorce lawyer: Nonmarital assets

The division of marital assets during a divorce can be a painstaking process – one that presents many opportunities for contention. As such, it is in the best interest for both parties involved to secure the help of a Miami divorce attorney to ensure this matter is handled efficiently, and that everything that should legally be disclosed is documented for the court.

Previously, we reviewed how Florida state law defines marital assets in order to educate all parties involved in a divorce about what either may be entitled to. Today, we’ll discuss the revenue, property and other assets that are considered nonmarital, and therefore may not fall under equitable distribution. Consult a Miami divorce attorney for further clarification.

Under state statute 61.075, nonmarital assets and liabilities include, but are not limited to:

• Assets or liabilities deliberately exempted via mutual agreement, as declared in a written statement
• Assets or liabilities stemming from before the legal union, and anything received in exchange for said assets or liabilities
• Assets received as a non-interspousal gift or through devise, descent or bequest (and exchanges)
• Income brought in by nonmarital assets, unless treated as a marital asset during the union.

Though these items are not considered marital assets, it is still essential to tally these totals so you can provide your Miami family attorney and the court a clear sense of your individual financial standing. This information will be used to determine several aspects of your divorce settlement from child support to alimony payments.

If you live in Florida and are seeking a divorce, by far the most valuable asset you can acquire is an experienced Miami divorce attorney. Scott A. Ferris, Esq. prides himself on the personal attention he devotes to each client. Contact him at 305-670-3330 and he will be sure to return your call whenever you need him.