Worried About Marital Assets in Your Florida Divorce?
If you are considering a divorce, our Tampa Divorce Lawyers understand that the financial aspects can be worrisome, at best. When the dissipation of a couple’s marital assets occurs, it has the power to disrupt any real possibility of an amicable or fair divorce process. Stopping a spouse from wasting or abusing your marital assets before too much damage is done is ideal. In some divorces, a judge may enter an injunction that prohibits one spouse from wasting or abusing any other marital property until your case is settled.
FL STATUTES 61.11 Writs.—
(1) When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against the party or the property and make such orders as will secure alimony or support to the party who should receive it.
Tampa Divorce Lawyer Explains the Basics of Dissipation of Assets
We take the dissipation of assets in a divorce very seriously and so do the Florida courts. The Florida Statutes define the dissipation of assets as:
- FL STATUTES 61.075 Equitable distribution of marital assets and liabilities
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition. (Source:http://www.leg.state.fl.us/)
Fair Distribution of Assets in Florida Divorces
In Florida divorces, a couple’s marital property is subject to Florida’s equitable distribution laws.
Learn more: Equitable Distribution Florida Divorce.
You may think that an equitable (equal) distribution or a 50/50 split of assets is guaranteed. Although the court must begin with the premise that the distribution should be equal, if there is a justification for an unequal distribution based on all relevant factors, an unequal distribution can be ordered. This could mean that a judge could order the distribution of more than half to the injured spouse.
Proof of Dissipation of Assets & Unequal Property Division in a Florida Divorce
Proving dissipation of assets isn’t as simple as producing receipts, credit card statements or other documentation that shows reckless spending or other means of asset depletion or abuse. Every case is unique, therefore the proof that you’ll need may differ from another. Your attorney must be equipped to litigate or negotiate matters of equitable distribution, particularly in high conflict and high net worth divorces. No matter what income bracket you’re in, we know that you’ve worked hard to build assets during your marriage and you are entitled to a fair distribution without interference or abuse. Consulting with a Tampa Divorce Lawyer is the first best step to resolving your case and to get you moving forward to a more safe and secure future.
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Nilo J Sanchez & Associates PA Divorce & Family Law Attorneys offers affordable and thorough divorce and family law consultations. If you need a family law or divorce lawyer in Tampa (Hillsborough County) or in Pasco or Pinellas County, FL, please reach out to us for assistance.