Curry Law Group

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.

Serving the Greater Tampa Bay Area

Our attorneys represent clients across Hillsborough County. Explore this practice in your community:

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Important Family Law Terms

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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

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Related Legal Forms

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Dissolution of Marriage

Initial information form for divorce proceedings.

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Post-Dissolution Modification

For modifications to existing divorce decrees, custody, or support orders.

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Paternity Questionnaire

Complete for paternity establishment, custody, and child support matters.

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Postnuptial Agreement

Information form for postnuptial agreement requests covering property and debt.

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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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