Property Distribution (Equitable Distribution)
Florida law provides for equitable distribution of the assets and liabilities of the marriage. Although the premise is that equitable means equal, this is not always the case. Typically the starting point in dividing the assets and liabilities of a marriage is that once each of the parties has been awarded their share of the assets and liabilities the net value received by each party will be equal. Unequal distribution can occur in cases where the Court finds that this result is necessary to achieve equity in a case. Unequal distribution can result from the fact that one of the parties wasted assets through misconduct or utilized assets for a non-marital purpose. Unequal distribution of liabilities can be ordered for the same reasons. During the equitable distribution process, whole assets can be awarded to either party, assets can be split, or assets can be sold and the proceeds divided in a fashion agreed to by the parties or ordered by the Court. Based on many years of experience litigating divorce cases, both Mr. Cotter and Mr. Zelman have utilized many innovative means of achieving equitable distribution so that you have the best opportunity to satisfactorily settle your case if possible, or successfully litigate your claim if a settlement cannot be reached.
