CHARLES P. ERICKSON, ESQ
FOCUSED ON FAMILY LAW, FOCUSED ON YOU.
CALL FOR A FREE CONSULTATION 239-430-1126.
During the course of a marriage, spouses accumulate many assets or even debt in Florida. When two people decide to end their marriage, it will require the expertise of a professional Florida attorney to help protect the rights of each party during property and asset division. Things such as cars, homes, bank accounts, pensions, and community debts must be dealt with during this confusing and often stressful process.
A Florida court dividing property takes adequate time in order to determine how easy or difficult an asset is to divide. For example, a business that was started by one spouse during the marriage would be considered a marital asset, but in many cases the judge will award it to that spouse while giving the other one money or property to make up for it. Each divorce is different, as the property and assets associated with it are unique, and a judge will try to equally divide items so that each spouse feels that the marriage was dissolved fairly. For individuals who can’t agree, hiring a professional divorce attorney such as Charles Erickson may be beneficial as he has years of experience negotiating agreements between two parties during a divorce in Collier County, Florida.
Only marital assets and/or debts are divided when a couple actually divorces. Florida law states that marital assets include all vested and non-vested benefits, rights, or funds that either spouse accrues during the course of a marriage, including retirement, profit-sharing, annuity, pensions, insurance plans, and deferred compensation.
Separate property is defined as something owned before marriage or acquired during as a gift or by inheritance. Separate property also includes income from separate property, items purchased for separate property or assets/debts that the spouses have defined in a written agreement as separate. If this separate property increases in value during the course of the marriage, the increases in value are marital property. Property can be changed from separate to marital by changing things to joint ownership.
Ultimately, Charles Erickson understands the complexities associated with property division and asset division in a divorce. Commingling when marital and separate property is mixed together is oftentimes when divorce gets most difficult and messy per say. He can help represent his clients and protect their rights during this negotiation process in order to get the resolution they’re looking for. The court or the couple assigns a monetary value to each item, which helps speed up the process.
When it comes to property division or asset division, having an experienced Naples, Florida divorce attorney by your side is important. Charles Erickson is well versed in complicated divorces and has had success helping his clients to get a fair resolution. To schedule a consultation with him, call his office today at 239-430-1126 to discuss your case confidentially.
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