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Distribution of Marital Assets and Liabilities

Pursuant to Florida Statutes Section 61.075 (6) “Marital assets and liabilities” include:

  1. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.
  2. The enhancement in value and appreciation of non-marital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.
  3. Inter-spousal gifts during the marriage.
  4. All vested and non-vested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.
  5. All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is non-marital.
  6. All personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. In the event a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is non-marital.
  7. The burden of proof to overcome the gift presumption shall be by clear and convincing evidence

It is paramount that during a divorce proceeding, you obtain the services of a law firm with comprehensive experience in the area of equitable distribution of marital assets and liabilities. Segarra & Associates, P.A. will help assist you secure the necessary assets and appropriate division of liabilities in order to successfully move onto the next phase of your life.

Contact us for a consultation regarding your contested divorce. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042.

Family Law

We know that family means the world to you. At Segarra & Associates, P.A., we understand families and with great pride have served as the premier family law firm in Miami since 2008. We practice exclusively in family law with the goal of helping our clients get through their legal issues and on a path towards a brighter future. Call today and let us help guide you through to the next chapter of your life.

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