Tampa Divorce Property Settlement Attorney
If you have made the decision to get a divorce, or if your spouse has served you with papers, you probably have many questions. Many of those questions may revolve around property. Is everything split 50-50? Is everything fair game? What about assets in your name or your spouse's name?
Trial lawyer Jeffrey Koster can address your concerns and explain your property rights under Florida's divorce laws. With a background in Finance and years of litigation experience, he is eminently qualified to protect your interests in settlement negotiations or in court.
The law offices of Jeffrey S. Koster, P.L., provide divorce and family law services in North Tampa and surrounding counties. For smart advocacy and solutions in line with your priorities, call our offices today at 866-941-1325 or contact us online.
What Are My Property Rights in Divorce?
From high net worth divorce to couples who have more debt than equity, allocation of the marital estate raises many complex issues and decisions. You want a resolution that is fair, practical and financially prudent. You want to know what your rights and options are.
Mr. Koster can walk you through the common property considerations in a Florida divorce:
- Is property divided evenly? Florida is not a community property state, but an equitable distribution state. Property must be divided in a fair manner, but there are many factors that could result something other than an equal distribution, even a 60/40 or 70/30 split.
- Can I keep property that's mine? Separate property versus marital property can be complicated. The fact that property is titled in one spouse's name does not by itself hold water in court. Was a house, business or retirement account owned prior to marriage? Did the spouse contribute to its increase in value? Did separate accounts or assets become commingled?
- Are some assets considered non-marital? An inheritance, gift or lawsuit settlement received during marriage will generally be treated as belonging separately to that spouse, without compensation to the other. Heirloom jewelry and other personal property usually stays with the individual. A valid prenuptial agreement can also exempt certain assets from equitable distribution.
- Who decides how much the property is worth? You may need to have certain assets formally evaluated such as real estate, a professional practice or ownership stake in a business. Sometimes litigation is necessary when the expert valuations are far apart. Otherwise, a written estimate, a "blue book" value or arbitrary valuation can suffice as long as both sides agree.
- Who gets the house? You can't split a house, yet you each retain interest in the property. If one spouse wants to keep the home (not always the case in the current economy), the other spouse can be compensated through a structured buyout, waiver of alimony or a bigger share of other assets. It may be more prudent to sell the house and divide the proceeds.
- Is property split evenly with a non-earner spouse? The court assigns value to contributions to the marriage such as supporting a spouse through school, keeping the books for a spouse's business, or putting a career on hold to stay home with young children. Contributions, incomes and earning capacity are considered in equitable distribution.
Protecting Your Interests in Asset Division
Whether you have substantial estate or modest assets, whether you were married for two years or two decades, Jeffrey Koster positions you for the most favorable outcome in property division.
Mr. Koster personally meets with you and handles your case, all the way to trial when necessary. To schedule an initial consultation, call our firm today at 866-941-1325 or contact our offices online. Located in Lutz, Florida, we represent clients throughout Hillsborough, Pasco, Pinellas and Hernando counties.
