Marital Assets and Liabilities Part 8 of 15 | Divorce Attorney Fort Myers/Naples

When Equitable Distribution & Alimony are awarded

  • The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party
  • After the determination of an equitable distribution of the marital assets and liabilities, the court shall consider whether a judgment for alimony shall be made.
  • The consideration of the husband’s non-marital assets in making a distribution of marital assets was an abuse of discretion. Rodriguez v. Rodriguez, 994 So.2d 1157 (Fla. 3d DCA 2008)
  • Post-Filing Debts. reversing and remanding because the husband’s post-filing debts were included as marital liabilities, which resulted in the wife incurring one-half of the husband’s debts for his attorney’s and accountant’s fees. Schmitz v. Schmitz, 950 So.2d 462, 463 (Fla. 4th DCA 2007)
  • Pre-Marital Equity. The trial court’s failure to attribute any pre-marital equity was error where undisputed and express testimony showed that the Husband provided $12,000 from savings and $31,200 from his salary before marriage for costs associated with the house. Schmitz v. Schmitz, 950 So.2d 462, 463 (Fla. 4th DCA 2007)

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At the Guardian Law Firm, we believe in the sanctity of marriage. It is our goal to provide you with as many resources to help salvage your marriage. If all else fails, we are here to help you facilitate the divorce process to establish long-term stability that minimizes the need for subsequent court action as well as the emotional drain on the parties and families.

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