Property Disposition During Divorce: Keeping What Is Yours
The distribution of assets during divorce can also impact spousal support or alimony discussions. A Florida court will decide the equitable distribution of marital property before deciding the issue of alimony payments. Thus, it is important to thoroughly discuss your goals for division of the marital assets and alimony payments with an experienced alimony lawyer prior to any divorce negotiations.
Setting aside certain assets
Many alimony lawyers in Fort Lauderdale use prenuptial agreements — and both pre- and post-nuptial agreements can work in your favor. Be sure to give your attorney the most recently signed copy. This document could limit, control and guide distribution of the most valuable assets during your divorce. Often, by itself, a pre-nuptial agreement can tremendously reduce your financial damage.
Florida courts tend to apply equitable distribution to a pool of most everything acquired during the marriage. Depending on the circumstances, who bought it, what funds paid for it and often whose name actually appears on the title have little impact. Surprisingly, this tendency to toss everything into a common pool can work to your advantage when it comes to negotiating alimony — everything becomes part of the negotiation and can be bartered.
Working with your Fort Lauderdale spousal support attorney, you will need to consider the following assets and determine whether you can prove they are yours and yours alone:
- Inheritances, received either before or during the marriage, as long as you somehow kept them isolated from the marital estate as your sole and separate property
- The money you received from a personal-injury claim
- The property you brought into the marriage that somehow your spouse is laying claim to
- Gifts that friends, relatives and others gave you personally during the marriage
Leverage the experience of trusted Florida spousal support attorneys
For 15 years, Fort Lauderdale’s Vanessa L. Prieto Law Offices LLC has provided compassionate and aggressive representation for individuals facing divorce. Call our Fort Lauderdale office today at 954.687.9143.