Divorce, Equitable Distribution, Court Must Identify Marital Or Nonmarital Status of Assets and Liabilities and Value Them

In a divorce case with assets and liabilities, the court must identify what assets and liabilities are marital and what are non-marital and then assign values to the assets and liabilities so they can be divided in equitable distribution. Determining what is marital and what is non-marital generally starts with a determination of what assets …

Divorce, Property Division, and Equitable Distribution, Florida Statute Section 61.075

PROPERTY DIVISION If you have questions about a divorce, division of assets or equitable distribution call us on (786) 539-4935 to arrange a consultation. Florida State Section 61.075 (2015) Equitable distribution of marital assets and liabilities states: (1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court …

Divorce, Equitable Distribution, Court Set Listing Price Marital Property

In Ghannam v. Ghannam, the Fifth District Court of Appeals for the State of Florida decided that the trial court did not commit harmful error when it ruled that the Husband could not sell a marital property to his purported friend for $55,000 and that the property should be listed for sale for $95,000. The …

Can a Prenuptial Agreement Be Invalidated?

Yes, a prenuptial agreement and/or a provision of a prenuptial agreement can be invalidated by the court. Courts invalidate prenuptial agreements for reasons like their violation of public policy, duress,  a lack of full financial disclosure, or fraudulent financial disclosure. Section 61.079(7)(a), Florida Statutes (2019), in relevant part, provides: “A premarital agreement is not enforceable …

What Happens To My Pension And Retirement In My Divorce?

In a divorce the marital portion of the pension or retirement plan is going to be subject to valuation and equitable distribution.  The non-marital portion should not be subject to equitable distribution by the court. All vested and non vested pensions, retirement, profit sharing, thrift savings, annuities, or insurance acquired during the marriage constitute marital …

Should a Brokerage Account Funded with Inherited Money be Considered Marital?

In a Divorce case the court determines what assets and liabilities are marital and which are not and equitably divides the marital assets and liabilities. The Third District Court of Appeals entered an opinion in the case of Gromet v. Jensen reversing the trial court for its decision to consider three brokerage accounts funded with …

Miami Divorce & Family Lawyer

We are divorce and family lawyers who care about our clients and work hard to obtain favorable outcomes for them. Our divorce and family lawyers have assisted clients with contested and uncontested divorce, custody and visitation (parenting plans), equitable distribution, alimony, high asset divorce, prenuptial agreements, marital agreements, child support, domestic violence, relocation, enforcement, issues …

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Welcome To The Law Offices of Robert J. Hanreck, P. A. Miami Lawyers Helping People with Family Law, Divorce, Paternity, Domestic Violence, and Civil Litigation The Law Offices of Robert J. Hanreck is a law firm with lawyers and attorneys practicing in the areas of family law, divorce, paternity, domestic violence, and civil litigation. We …