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Property Division

Tampa and Lutz Divorce Attorneys Advise on Property Division

Established Hillsborough County firm seeks fair asset allocations

Whether a marriage was brief or lasted for decades before a divorce, dividing marital assets and debts can be a tricky process. The accomplished family lawyers at Westchase Law P.A. in Tampa and Lutz provide knowledgeable counsel to husbands and wives who are seeking to unwind their financial affairs either through negotiation or in litigation under Florida’s equitable distribution law. We have the ability and resources to identify and value marital property accurately and to pursue a result that helps you move forward on a solid foundation.

Knowledgeable family lawyers explain Florida equitable distribution factors

During a divorce, most of the property that was accumulated during the course of the marriage is divided between the spouses. Our seasoned family law attorneys can explain what items might not be included in this distribution, such as assets acquired before the marriage or those given to or inherited by one spouse alone. We’ll work diligently to reach an agreement with your spouse on a suitable allocation, but if that can’t be achieved, the equitable distribution principle requires courts to determine what is fair, which may not be equal. This can be a wide-ranging review where the court considers such issues as:

  • Duration of the marriage — With each year that a marriage runs, the spouses’ financial interests become more difficult to distinguish. A quick breakup can often trigger a simple, relatively even split, while a longer union typically requires more attention, especially if one party wasn’t gainfully employed.
  • Living and parenting arrangements — When children are involved in a divorce, it might be best for them to remain in the marital home so that they don’t have to change schools or find new friends. Accordingly, the parent with primary care responsibilities might receive possession of the house.
  • The parties’ economic circumstances — As in alimony determinations, property division determinations might also reflect each party’s ability to support themselves financially going forward.
  • Contributions to the home and marriage — Judges consider how a wife or husband contributed to the family and each other’s success. This may be measured in different ways, such as one spouse managing the household paying for education costs so the other can advance his or her career.

Whether your case is resolved in a courtroom, during mediation or at the negotiation table, we’ll make sure that your rights and interests are protected.

Thorough counselors help to draft and negotiate prenuptial agreements

Many couples choose to execute prenuptial or postnuptial agreements to set terms for property division should the marriage come to an end. If you and your spouse have such a contract, we will evaluate its language and assess whether it is enforceable under Florida law. In certain instances, these documents might be invalidated due to fraud, undue coercion or because enforcing the agreement as written would put one of the parties into severe financial distress. Whether you’re looking to enforce or challenge a prenup or postnup or just want advice on how it affects you, our lawyers can help.

Proven advocates handle divorces involving complex and substantial assets

It is easy to divide certain tangible assets by splitting their value among divorcing spouses. However, retirement accounts, pensions, business shares and investments can present complex questions. When appropriate, we bring in accountants, appraisers and other experts to ensure that we have accurate information that we can use to obtain a proper division of assets. Our firm can also clarify issues pertaining to property that might have belonged to one spouse prior to the marriage but then grew in value afterward.

Contact a Gulf Coast divorce lawyer for advice on a property division matter

Westchase Law P.A. counsels divorcing spouses on Florida’s equitable distribution laws and other legal concerns associated with the end of a marriage. Please call 813-438-7114 or contact us online to schedule a consultation at one of our offices, located in Tampa and Lutz.

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Our Office
  • Tampa Office
    12029 Whitmarsh Lane
    Tampa, Florida 33626
    Phone: 813-490-5211
    Fax: 813-463-0187
  • Lutz Office
    19029 N. Dale Mabry Highway
    Lutz, Florida 33548
    Phone: 813-490-5211
    Fax: 813-463-0187
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