12855 S.W. 132nd Street, Suite 203, Miami, Florida 33186

Miami Divorce Attorney

305-378-1414 305-378-1414

Property Division

Miami Equitable Distribution Lawyer

Divorce attorney’s background in finance serves clients well

Florida is an equitable distribution state. So, in divorce cases, judges have a great deal of discretion to divide a couple’s assets in a way the court views as fair. The Law Offices of Arthur D. Lake, LLC is committed to using a variety of skills related to business operations and wealth management to ensure that marital assets are properly identified, accurately valued and fairly distributed. Attorney Arthur D. Lake has the financial acumen to guide clients through the complex process of property division and steer them clear of pitfalls associated with unwise asset liquidation. The firm has experience in equitable distribution disputes over a variety of different assets, including:

  • Cars and houses
  • Rental property
  • Retirement and pension plans
  • IRAs and 401K plans
  • Stock options
  • Restricted stock
  • Deferred compensation
  • Brokerage accounts
  • Closely held businesses
  • Professional practices and licenses

Threshold questions of Florida equitable distribution

When the divorce court does its analysis for the division of assets, property and debts, there are several questions it must answer:

  • Is this all there is? Before any property is distributed, all the property should be identified. The court must see the entire picture to have the flexibility to distribute assets intact to one spouse and offset their value with assets to the other.
  • For each asset identified, is it marital property or separate property? Items accumulated by either spouse before the marriage are usually held to be separate property, while most assets acquired during the marriage are marital property. However, there are always exceptions, such as gifts and inheritances.
  • What is the value of each asset? Unlike a bank account, many assets must be valued. Personal and real property must be appraised and prices can vary according to whom you ask. Some financial assets fluctuate with the market. The date of valuation is also critical
  • Will an asset diminish in value if it is liquidated? Often, some property has to be sold to reach an equitable allotment. But there are consequences to selling assets. For instance, a stock sale has tax implications that need to be factored into its value.
  • Has one spouse contributed more to the acquisition, preservation or dissipation of the assets than the other? If one spouse has worked like mad to build up wealth, while the other has spent recklessly, a judge could decide that a generous allotment to the first is only fair.

Miami equitable distribution lawyers must be prepared to answer all these questions. Arthur D. Lake has the resources to deliver quality representation through every phase of the distribution process and offer creative financial solutions for your particular circumstances.

An attorney with national and international experience

Unlike most divorce lawyers in Broward County or Miami-Dade, Arthur Lake has international business experience and is familiar with jurisdictions that operate as offshore tax havens. He has the knowledge and resources to determine if and where assets may be hidden.

Comprehensive and affordable property division lawyer in Miami, Florida

Attorney Lake offers comprehensive legal services to divorcing couples with substantial financial assets. Call 305-378-1414 or contact the Miami office online to schedule a free initial consultation.

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