Equitable Distribution Attorney & Property Division Lawyer
in Palm Beach Gardens

Equitable Distribution and Property Division in Florida: A Comprehensive Guide

Introduction

Equitable distribution and property division are crucial aspects of a divorce action that impact the vast majority of individuals. It is essential to find an equitable distribution attorney to represent you in these matters during a divorce who understands your specific situation and needs. A skilled property division lawyer understands the complexities of property laws and can navigate the legal system effectively, ensuring that your interests are well-represented.  Attorneys well-versed in both aspects can help identify and accurately value all marital assets and debts, including hidden or complex assets that might go overlooked otherwise.

Your Experienced Equitable Distribution Attorney and Property Division Lawyer

The team at The Law Office of Cindy A. Crawford, PPLC, has extensive experience in handling such cases in Palm Beach Gardens and offers unparalleled skill in navigating the complexities of property division and equitable distribution. With more than 20 years of experience in the family law field, Cindy is your renowned local equitable distribution attorney and property division lawyer. She and her team’s knowledge ensures that clients receive fair and just outcomes in the division of marital assets and liabilities. 

The team also brings superior negotiation skills to the table, crucial for reaching a fair settlement. We can advocate for your interests and work to ensure that the division of property reflects your fair share, especially in cases involving significant or contentious assets. Additionally, we provide valuable guidance on how to handle various types of property, such as retirement accounts, businesses, investments, and copyrights.

Our team does everything possible to alleviate the stress and emotional strain of the dissolution of marriage process by preparing and filing the appropriate pleadings, motions, and objections, and adhering to deadlines swiftly and skillfully. Our experience ensures that you reduce the risk of costly mistakes and aids in achieving a fair and equitable division of property, assets, and liabilities in your divorce.

Identifying Marital vs. Non-Marital Property

Overview of Equitable Distribution

In Florida, equitable distribution refers to the fair division of marital assets and liabilities during a divorce. Florida is a "no-fault" divorce state, meaning the division focuses on fairness rather than fault. The court considers various factors to ensure an equitable outcome. The law presumes an equal division of marital assets and liabilities; however, when justification exists, a court may award an unequal distribution.

Equitable Distribution Process

  1. Identification of Property and Debts: The first step is identifying what constitutes marital property versus non-marital property. 

  2. Valuation of Assets and Liabilities: When assets and liabilities are valued, the process may involve professional appraisers or financial experts, especially for complex assets like businesses or multiple real estate properties. For personal property, such as jewelry or collectibles, specialized appraisers might be used.

  3. Distribution of Assets and Debts: The court distributes marital assets and debts in a manner deemed fair, considering statutory factors. The spouses may negotiate and agree on a distribution plan, which is then formalized in a settlement agreement. If they cannot agree, the court will decide how to divide the assets and debts based on the equitable distribution law.

Having an experienced equitable distribution lawyer, like Cindy A. Crawford, to represent your interests and value assets is crucial in this process. An attorney can provide invaluable assistance in negotiating and ensuring a fair division, addressing potential disputes, and protecting your financial interests. An attorney also provides recommendations pursuant to their experience in the practice and will convey what is reasonable.



Marital property includes assets and debts acquired during the marriage. Examples are:

  • Homes: The family residence, purchased or acquired during the marriage.

  • Bank Accounts: Joint accounts or individual accounts with funds accumulated during the marriage.

  • Retirement Accounts: Pensions, 401(k)s, and other retirement savings accrued during the marriage.

Non-marital property generally consists of assets owned before the marriage or received as gifts or inheritances. Examples include:

  • Inheritances: Assets inherited by a party, provided they were not commingled with marital assets.

  • Gifts: In some instances, personal gifts received by one spouse from third parties during the marriage.

  • Pre-marital Assets: Property owned by one spouse before the marriage, as long as it remains separate and not used for marital purposes. However, there may be a marital component if there is an appreciation of the non-marital asset during the marriage

Properly identifying and differentiating between marital and non-marital property is essential for a fair division and is an area where an equitable distribution attorney, like Cindy A. Crawford, can prove to be invaluable.

Valuation of Assets

Valuing assets accurately is critical for equitable distribution. This process typically involves:

  1. Financial Analysts: They assess the value of financial assets, such as investment accounts and retirement funds.

  2. Real Estate Appraisers: They evaluate the market value of real estate properties.

  3. Business Valuation Experts: They determine the value of any business interests or ownership stakes.

Accurate valuations are essential to ensure a fair distribution. Inaccurate appraisals can lead to disputes and unfair outcomes. Equitable distribution attorneys, like Cindy A. Crawford, work with experts in complex cases to ensure precise valuations and equitable results.

Factors Considered in Equitable Distribution

Courts consider various factors when dividing assets and property, including:

  • Contribution to the marriage by each spouse

  • Economic circumstances of the parties

  • Duration of the marriage

  • Interruption of personal careers or educational opportunities

  • Contribution to the personal career or educational opportunity of the other spouse

  • The desirability of retaining any asset intact and free from any claim or interference

  • Contribution of each spouse to assets and incurring of liabilities

  • The desirability of retaining the marital home for the couple’s minor children

  • Intentional dissipation or destruction of marital assets

These factors help the court tailor the division of assets and debts to the specific circumstances of the marriage, ensuring fairness. An equitable distribution attorney and property division lawyer with extensive experience in this area ensure that all relevant factors are carefully considered in the property division process.

Handling Debts in Equitable Distribution

In addition to dividing assets, marital debts are also divided. This involves the identification of marital debts and the division of such. Debts incurred during the marriage, such as mortgages, credit card debt, and loans, are generally considered marital. 

Effective handling of debts is crucial to avoid future financial strain and disputes.  An equitable distribution attorney and property division lawyer who is skilled and practiced in managing complex property division cases ensures that both assets and debts are addressed comprehensively and fairly.

Retaining The Law Office of Cindy A. Crawford

Equitable distribution and property division in Florida can be intricate and challenging. With Cindy A. Crawford’s extensive experience in handling these matters in Palm Beach Gardens, clients receive the most skilled guidance to navigate the complexities of asset and debt division. From understanding the distinction between marital and nonmarital property to ensuring accurate asset valuations and fair debt distribution, Cindy and her team’s expertise is essential for achieving a just and equitable resolution. 

Our dedication to protecting our clients’ interests ensures that the property division process is handled with care and precision, ultimately leading to fair and balanced outcomes in divorce cases. With our team, you receive dedicated one-on-one attention, ensuring your concerns are heard and addressed with individualized and customized care. Our focused practice means you benefit from insights and strategies honed through handling a wide range of complex situations.

Cindy's approach is client-centered, emphasizing compassionate guidance and steadfast support throughout the legal process. She and her team understand the emotional challenges that can accompany family law matters and strives to provide not only legal expertise but also empathy and understanding. The Law Office of Cindy A. Crawford offers a reassuring presence backed by a solid reputation for achieving favorable outcomes. Our commitment to each client's unique needs ensures that you receive the attention and advocacy necessary to move forward with confidence during challenging times.

If you’re looking for a locally known and trusted Palm Beach Gardens divorce attorney, set up a consultation today by submitting the form below or calling our office to speak to a team member at 561-894-9050.

Feel free to browse our other pages and resources for more insights into family law and legal tips, including: Alimony & Spousal Support, Divorce Mediation, Child Support, and Equitable Distribution. For more information about Cindy and her team, visit Meet the Team.

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Note: This post is for informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with one of our qualified attorneys.

Frequently Asked Questions about
Equitable Distribution & Property Division

  • Equitable distribution is the fair division of marital property, assets, and debts between spouses during a divorce. It does not necessarily mean an equal split 50/50, but rather what is fair based on various factors.

  • Marital property generally includes assets and debts acquired during the marriage, such as real estate, bank accounts, retirement accounts, and investments. Non-marital property, such as property owned before the marriage, inheritances, as well as some gifts, is typically excluded.

  • Courts consider factors like the income and property of each party, the duration of the marriage, contributions to the marriage, financial circumstances of the parties, contributions to career and education, and tax implications.

  • In more complex cases, assets are valued using financial analysts, real estate appraisers, and business valuation experts to ensure accurate valuations for fair distribution. In simpler cases, attorneys use the documents that are provided by the parties to substantiate values.

  • Yes, couples can negotiate and agree on property division terms through mediation or the collaborative process, which are then presented to the court for approval.

  • If a spouse attempts to conceal assets, a skilled attorney and forensic accountant can help uncover these assets to ensure a fair division.

  • A QDRO is a legal order used to divide retirement accounts and some pensions fairly between divorcing spouses without incurring tax penalties. This is where attorneys become an essential part of the case.

  • The duration varies based on the complexity of assets, level of cooperation between spouses, and court schedules. Having detailed financial records ready can expedite the process.