Sarasota Equitable Distribution Lawyer

What Is Equitable Distribution?

Equitable distribution refers to the legal process by which a court divides marital assets and debts during a divorce. Unlike community property states, Florida courts consider multiple factors to determine what’s “fair” based on each couple’s unique circumstances.

The process begins with identifying and classifying all assets and liabilities as either marital or nonmarital. Only marital assets and debts are subject to equitable distribution.

Marital vs. Nonmarital Property

Marital property typically includes:

• Income earned during the marriage

• Real estate purchased together or titled jointly

• Retirement accounts and pensions accrued during marriage

• Debts incurred jointly

Nonmarital property may include:

• Assets owned before the marriage

• Inheritances or gifts received individually

• Certain personal injury settlements

• Property explicitly excluded by a prenuptial or postnuptial agreement

Proper classification is crucial—an experienced Sarasota equitable distribution attorney can ensure your separate property remains protected.

Factors Courts Consider When Dividing Assets

Florida courts evaluate various statutory factors under Chapter 61 of the Florida Statutes when determining equitable distribution, including:

• The duration of the marriage

• Each spouse’s economic circumstances

• Contributions to the marriage, including homemaking and child care

• Interruption of educational or career opportunities

• Contribution to the acquisition, enhancement, or production of income or assets

• Desirability of retaining specific assets, such as the marital home for the benefit of a minor child

• Intentional dissipation or destruction of assets

• Any other factor necessary to do equity and justice between the parties​Chapter 741 – 2024 Flor….

Hidden Assets and Forensic Accounting

In contentious divorces, one party may attempt to hide or undervalue assets. A knowledgeable equitable distribution lawyer in Sarasota can partner with forensic accountants to:

• Investigate financial records

• Identify undisclosed income or offshore accounts

• Trace complex asset transfers

• Value businesses or professional practices

Our litigation team at McNary Law works to uncover the full financial picture, ensuring you receive your fair share.

High Net Worth Divorce and Complex Asset Division

Equitable distribution becomes even more intricate when dealing with:

• Business interests and partnerships

• Real estate portfolios

• Investment properties

• Executive compensation packages

• Art, collectibles, or luxury assets

In high-asset divorces, detailed valuation and strategic negotiation are essential. McNary Law’s Sarasota divorce team collaborates with financial experts to advocate for your best interests.

Prenuptial and Postnuptial Agreements

If you and your spouse signed a prenuptial or postnuptial agreement, it may significantly influence how assets are divided. Courts generally uphold valid agreements, but they can be challenged on grounds like:

• Fraud or misrepresentation

• Coercion or duress

• Lack of disclosure

• Unconscionability

Our firm can evaluate the enforceability of such agreements and represent you in related disputes.

The Role of Mediation in Property Division

Litigation isn’t the only option. Many couples resolve property division through family law mediation, often saving time, money, and stress. Mediation allows both parties to:

• Retain greater control over the outcome

• Create flexible solutions for asset division

• Maintain a more amicable co-parenting relationship

McNary Law offers skilled mediation services to Sarasota families, guiding productive dialogue in even the most emotional cases.

Equitable Distribution in Conjunction with Other Legal Issues

Property division often intersects with other family law matters:

• Alimony: Asset division may affect your eligibility for or obligation to pay alimony.

• Child custody: Who retains the marital home may impact parenting plan decisions.

• Domestic violence: If abuse is a factor, safety concerns may take precedence over equal division.

As a full-service family law firm, McNary Law is equipped to handle every dimension of your divorce case with compassion and precision.

Why Choose McNary Law for Your Equitable Distribution Case?

At McNary Law, we take a compassionate yet strategic approach to every divorce case. As Sarasota equitable distribution attorneys, we serve clients throughout:

• Sarasota

• Bradenton

• Lakewood Ranch

Our practice areas also include criminal defense, injunctions, mediation, and litigation, allowing us to advocate effectively across a broad legal landscape​Practice Areas​Service Areas.

We listen closely to your concerns, provide honest guidance, and develop customized strategies to safeguard what matters most.

FAQs About Equitable Distribution in Sarasota

Q: Is equitable distribution always 50/50?
No. Florida law requires a fair, not necessarily equal, distribution. Courts consider various factors to decide what’s equitable.

Q: What happens to debts during property division?
Debts are divided similarly to assets—if they’re marital debts, they’re subject to equitable distribution.

Q: Can I keep my inheritance in a divorce?
Inheritances are typically considered nonmarital assets, unless they were commingled with marital funds.

Q: How do courts handle hidden assets?
If one spouse is found to have concealed assets, the court may award a greater share to the other party or impose penalties.

Q: Can we agree on property division without going to court?
Yes. A marital settlement agreement can resolve asset division, subject to court approval.

Contact a Sarasota Equitable Distribution Lawyer Today

If you’re facing divorce and want to ensure your financial future is protected, don’t go it alone. Contact McNary Law today to schedule a consultation with an experienced Sarasota equitable distribution lawyer who will fight for your fair share.

Let us help you navigate the complexities of divorce with integrity, empathy, and strength.