Property & Debt Division Attorney in Brandon
Florida follows equitable distribution, meaning marital property and debt are divided fairly — though not always equally. Curry Law Group identifies, values, and protects your share of marital assets while ensuring debts are allocated fairly throughout Hillsborough County.
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Understanding Equitable Distribution in Florida
Florida is an equitable distribution state. This means that when a couple divorces, the court divides marital property and debts fairly based on factors such as each spouse's contribution to the marriage, the length of the marriage, and each party's economic circumstances. "Equitable" does not necessarily mean "equal" — the court aims for a fair distribution, which may result in an unequal split.
Marital vs. Non-Marital Property
Marital property includes assets and debts acquired during the marriage by either spouse. Non-marital (separate) property includes assets owned before marriage, inheritances, and gifts to one spouse. Commingling can convert separate property into marital property. Our attorneys trace and classify each asset to ensure separate property is protected and marital property is divided fairly.
Valuing Complex Assets
Dividing complex assets requires accurate valuation. We work with forensic accountants and business valuators to value businesses, professional practices, real estate, retirement accounts, investment portfolios, and pensions. Hidden assets, undervalued businesses, and dissipated funds are investigated to ensure a complete and accurate inventory of marital property.
Dividing Marital Debt
Just as assets are divided, marital debts are allocated between spouses. This includes mortgages, credit card debt, car loans, tax liabilities, and business debts. We ensure that debts are assigned fairly and that you are not left responsible for debts your spouse incurred without your knowledge or for purposes that did not benefit the marriage.
Frequently Asked Questions
Is Florida a community property state? No. Florida is an equitable distribution state, meaning property is divided fairly but not necessarily 50/50. What happens to the house in a divorce? The house may be sold with proceeds divided, one spouse may buy out the other's share, or one spouse may keep the home in exchange for other assets. Am I responsible for my spouse's credit card debt? Debt incurred during the marriage is generally marital and may be allocated to either spouse, regardless of whose name is on the account.
Contact Curry Law Group Today
For skilled representation in property and debt division, Curry Law Group fights for your fair share. Call 813-653-2500 for a consultation.
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Key Legal Terms
Important Family Law Terms
Understanding these terms can help you make informed decisions about your case.
Alimony
Court-ordered financial support paid by one spouse to another during or after a divorce, intended to help the lower-earning spouse maintain a standard of living close to that of the marriage.
Read full definitionAnnulment
A court order declaring a marriage void, as if it never legally existed. Florida grants annulments only in limited circumstances, such as fraud, bigamy, or incapacity.
Read full definitionAttorney Fees in Divorce
A court order requiring one spouse to pay the other's legal fees during a divorce. Florida may award fees to ensure both spouses can afford proper representation, regardless of who filed.
Read full definitionBest Interests of the Child
The legal standard Florida courts use to decide custody and timesharing. Judges weigh factors such as each parent's ability to provide, the child's needs, and the child's relationship with each parent.
Read full definitionChild Custody
The legal and practical relationship a parent has with their child, including decision-making authority (legal custody) and where the child lives (physical custody), determined by the child's best interests in Florida.
Read full definitionChild Custody Jurisdiction
A court's ability to make decisions about a child who lives in Florida. A judge needs this authority to order timesharing, support, or other relief affecting the child.
Read full definitionStart Consultation
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Curry Law Group — Divorce Series
Our family law attorneys walk through the divorce process, custody, alimony, and what Florida families need to know before filing.
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Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Post-Dissolution Modification
For modifications to existing divorce decrees, custody, or support orders.
Paternity Questionnaire
Complete for paternity establishment, custody, and child support matters.
Postnuptial Agreement
Information form for postnuptial agreement requests covering property and debt.
Top-Asked Questions
Florida courts make custody decisions based on the best interests of the child. Factors considered include each parent's relationship with the child, ability to provide care, stability, the child's preference (if old enough), and any history of abuse or substance abuse. Courts typically prefer "shared parental responsibility" when both parents are fit and involved.
Florida uses an income-shares model for child support. Both parents' incomes are considered, along with the number of overnights each parent has. The state provides guidelines, but judges can deviate from them based on special circumstances like high incomes, special needs, or private school expenses. Child support continues until the child is 18 (or 19 if still in high school).
Alimony is spousal support paid to a lower-earning spouse after divorce. Florida recognizes several types: temporary (during divorce), bridge-the-gap (short-term), rehabilitative (to help a spouse become self-supporting), durational (limited time), and permanent (typically for long marriages). Courts consider factors like the marriage length, each spouse's income, and earning capacity.
Florida is an "equitable distribution" state—not a community property state. This means marital property is divided fairly (not necessarily 50/50) based on each spouse's contributions, economic circumstances, and other factors. Non-marital property (owned before marriage or inherited) is not divided. We help protect your assets and present a fair division argument.
Yes, either parent can request modification if there's been a "substantial change in circumstances" since the original order. This might include job loss, relocation, change in custody needs, or change in income. We'll help you navigate the modification process and present the strongest case for your situation.
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