Recent Posts in Equitable Distribution Category

When it comes to property distribution, states will either distribute marital property equally or equitably.  The state of Florida happens to be an equitable distribution state, which means that family courts choose to distribute assets after considering factors like the length of the marriage, each spouse's income and the standard of living established during the marriage.

The majority of states distribute marital assets equitably, which is based off of British common law.  In states where equitable distribution applies, the court determines a reasonable distribution plan that may award spouses more or less than 50% of the marital assets.

In states that follow equal distribution laws, like Wisconsin, all assets and debts are distributed 50/50. 

Do you have questions about property division or equitable distribution laws?  If so, now is the right time to get answers from a Jacksonville family law attorney.  Simply contact Ellerin & Hutchinson to set up a consultation with a lawyer from our team.  

One of the many questions that clients ask our firms is "who is responsible for debts that were accrued during marriage?"  This question becomes a major issue after couples decide to divorce and have to deal with the division of their property.

The state of Florida is an equitable distribution state.  This means that property is distributed between spouses equitably, not equally.  Most people think that property only refers to material assets, like homes and cars.  However, property also includes debt.  If spouses accumulated debt during their marriage, the debt will be distributed equitably by the family courts of Jacksonville.

For example, let's say two spouses share a credit card and they have racked up debt.  If they move forward with their divorce, the debt will be divided equitably as the court sees fit unless the spouses reach a mutual agreement.

If you have additional questions about debt, equitable distribution or divorce in Jacksonville, contact Ellerin Hutchinson to speak with a Jacksonville divorce lawyer.

One of the questions people ask when they are going through a military divorce is "will I have to share my retirement pay?"

Contrary to what most people believe or assume, according to the Uniformed Services Former Spouse Protection Act, the division of retirement pay is not mandatory.  This means that if you are in the service and you go through a divorce, you may not have to share retirement pay with your former spouse.

 One thing you must remember is that the Act allows state divorce courts to treat retirement pay as property of the service member or joint property.  So, your retirement pay would be subject to the laws of Florida if you are going through a divorce in Jacksonville.  The division, if any, would be overseen by Florida family laws.

The Act also states that the service member can pay his/her spouse directly if they were married for 10 years with more than 10 years overlapping the time the service member spent in the military. 

Do you have questions about your assets and how they will be split during your military divorce?  If so, contact Ellerin Hutchinson today to speak with a Jacksonville family lawyer.

It is important to understand the difference between marital and separate property when heading into a divorce. 

Marital property is considered any property or debt that is acquired by either spouse during the course of the marriage, where as separate property refers to property or debt acquired before the marriage began or after a divorce.  Separate property also includes inheritances, gifts from third parties, and restitution. 

Equitable Distribution of Marital Property

Florida is an equitable distribution state, which means that all marital property is to be divided “equitably” during a divorce.  It is important to understand that “equitable” does not mean “equal.” Equitable means fair.  Instead of dividing marital property equally between the spouses, the judge will divide the property in a way that he or she thinks is fair based on each spouse’s financial situation and contributions to the marriage.  Other factors a judge is likely to take into consideration include:

• Each spouse’s current income

• The duration of the marriage

• Each spouse’s non-financial contributions to the marriage, such as if one spouse stayed home from work to care for the children and tend to the house

• If either spouse owns a business

• If one spouse worked to support the family while the other went backed to school to pursue a career or trade skill

• Each party’s desire to keep the family home

• How dividing the assets and debt will affect children

Contact a Knowledgeable Jacksonville Divorce Attorney

If you are interested in learning more about marital versus separate property or have any questions in regards to your property rights, Jacksonville divorce lawyer Scott Ellerin would be more than happy to meet with you. Mr. Ellerin has handled countless divorces on behalf of clients throughout the Jacksonville area, and has a great deal of knowledge in regards to Florida’s equitable distribution laws.

If you are interested in scheduling a consultation with Mr. Ellerin, you can contact the office today by calling (904) 866-4489 or by clicking here to fill out an online case evaluation !

During a divorce, the division of assets is referred to as equitable distribution. Many people misinterpret the term equitable distribution, thinking it means equal distribution.  Equal distribution is the process of dividing a couple’s marital assets and debts equally.  Equitable distribution is the process of dividing a couple’s assets and debts in an equitable manner.  Equitable means fair.  This means the judge will need to review all of a couple’s assets and debts, as well as each spouses’ contributions, to determine what would be the fairest way to divide the assets.

Some other factors the judge might take into consideration include:

• The contributions of each spouse to the marriage, including both financial contributions and non-economic contributions
• Each spouse’s income and financial situation
• How long the couple was married for
• If one spouse stayed home from work to care for children while the other pursued a career or advanced education
• If one spouse provided the sole income while the other went back to school or developed a trade skill
• Each spouse’s wishes in regards to the real estate, vehicles, jewelry, furniture, time shares, etc.
• If children would have to move from the current family home
• If one spouse owns a business or practice

When it comes down to it, the judge is simply looking for a fair way to divide the assets and debts between the spouses.  However, as you can imagine, this can become very complicated and hotly contested when the parties involved have conflicting opinions over how the debts and assets should be divided.

If you are going through a divorce, Jacksonville divorce attorney Scott Ellerin can make sure your wants, needs, and concerns are understood and acknowledged by the judge, and protect your rights and best interests throughout the divorce process.  If you are interested in scheduling a consultation to discuss your case, please contact Scott Ellerin today or click here to fill out a free case evaluation.