Things to Know About Asset Division in Miami Divorce Cases

Navigating a divorce in Miami, Florida, can be a turbulent and emotionally charged process, especially when it comes to the division of assets. Understanding the nuances of asset division is crucial for anyone going through this life-altering event. It's critical to know how these unique cases are handled in Miami. For this reason, the guidance of seasoned divorce attorneys becomes indispensable in such testing times.

Equitable Distribution

In Miami, equitable distribution means a fair and just division of assets, not equal. It includes everything acquired during the marriage, from real estate to retirement accounts. However, distinguishing marital assets from personal property can be complex, and that's where the expertise of a knowledgeable attorney becomes essential.

Distinguishing Between Marital & Non-Marital Assets

Correctly differentiating marital from non-marital assets makes a difference in divorce cases. Marital assets include almost everything acquired by either spouse during the marriage, regardless of whose name is on the title. On the other hand, non-marital assets are properties and assets obtained before the marriage, inheritances, gifts received by one spouse, and assets excluded through a valid agreement.

Impact of Marital Misconduct

While Florida's equitable distribution does not typically consider marital misconduct when dividing assets, there may be certain exceptions. For instance, if the misconduct of one spouse leads to the dissipation or waste of marital assets, for example, spending those funds on an affair, then this could affect the division of assets.

Prenuptial & Postnuptial Agreements

Prenuptial and postnuptial agreements can significantly influence the distribution of assets. These agreements outline how to split the marital assets in case of a divorce. Generally, courts respect these agreements as long as they are made relatively, without forcing any party, and don't encourage divorce or breaking the rules.

Role of Divorce Attorneys in Asset Distribution

Qualified divorce attorneys are conversant with Miami's intricate laws of asset division. They ensure your rights are protected and you receive a fair share of the marital assets. Their expertise allows them to curate tailored approaches for each client, considering the length of the marriage, the contribution of each spouse to the marriage, and other relevant factors.

However, if there are allegations of something like hidden assets or financial misconduct, you might benefit from the expertise of a Miami criminal defense attorney. Such circumstances can complicate the asset division process and require a thorough investigation to ensure an equitable distribution. These cases require a deeper understanding of family law and a comprehensive know-how of criminal law for accurate outcomes.

The intersection between criminal and family law is quite complex. It can significantly impact the consequences of your divorce proceedings. When one party is involved in an offense, this adds to the already complicated layers of asset division. If one of the separating partners is convicted for, let's say, a drug crime, there can be the element of income derived from illegal activities requiring meticulous investigation and forensic accounting for accurately valuing marital assets. If your chosen drug crime lawyer determines that marital assets were used for or resulted from illegal activities, this could affect how assets are divided.

Seek Expert Legal Assistance Today.

Due to the intricacies involved in asset division, having experienced legal representation is paramount. If you're facing a divorce in Miami and are concerned about how your assets will be split, contact Kirlew Law Firm today. Our experienced legal team works tirelessly to ensure a fair and just outcome in every case. Please don't wait till it's too late. Schedule a consultation now and take the steps towards securing your future.

Our Firm is one of Miami’s preeminent litigation firms. We provide our clients with high-quality legal representation, zealous advocacy, and unmatched results. We help good people get through difficult times.