Miami Property Division Lawyer for Florida Divorce Cases

If spouses cannot reach a property division agreement beforehand, a judge will divide the marital assets based on Florida’s equitable distribution laws. Courts are not required to split property equally, but they must make a fair division, given the circumstances of each case.

The court considers many factors during the division of marital assets, such as each spouse’s contributions to the marriage, gains and losses tied to non-marital property, and each party’s financial situation. Prenuptial agreements or postnuptial agreements also play a role. With strong legal representation from a family law attorney, you can present evidence to support your claims and protect your rights to key marital assets. From financial disclosures to settlement agreements, working with a dedicated divorce lawyer at The Law Office of Ana C. Augusto, P.C., can help you.

Why Clients Choose The Law Office of Ana C. Augusto, P.C.

At The Law Office of Ana C. Augusto, P.C., we focus on divorce and property division matters throughout Florida. Our divorce attorneys understand how courts evaluate marital assets, debts, and economic circumstances during the equitable distribution process.

We believe in fostering a strong attorney-client relationship through clear communication, personalized legal advice, and regular case updates. Our approach includes thorough financial analysis, preparation of accurate documentation, and strategic advocacy, whether we’re negotiating a settlement agreement or representing you in court.

Clients turn to us for practical guidance, compassionate support, and a steady hand during challenging matters such as alimony, child support, and the fair division of property. We create a calm, respectful environment while protecting your financial interests and helping you move forward with clarity and confidence.

Testimonials

“Ana Agusto is an experienced and outstanding family law attorney who I have had the opportunity to get to know personally. Ana is a wonderful individual. I highly recommend Ana for any family law issues that may arise.” — Patrick

“Very nice and excellent how Ana Augusto take cared our divorce handling all time and with the better wast to solve all matters correctly and with my own Benefics as well.” — Carlos

What is Property Division in a Divorce?

Property division during a Florida divorce involves the fair distribution of assets and debts. Florida follows equitable distribution laws, meaning that division depends on what is fair, not necessarily equal, based on the details of the marriage.

Marital Property

Marital property includes all assets and liabilities acquired during the marriage, regardless of which spouse holds the title. This encompasses:

• Real estate purchases
• Bank accounts
• Retirement funds
• Business interests
• Vehicles
• Credit card debt
• Mortgages

Even if only one spouse’s name appears on documentation, assets obtained while married typically qualify as marital property under Florida law.

Non-Marital Property

Non-marital property, also known as separate property, stays with its original owner and includes:

• Assets owned before marriage
• Inheritances received by one spouse
• Individual gifts from third parties
• Property specifically excluded by valid prenuptial agreements

However, non-marital assets may become marital property if combined with marital funds or used to benefit the marriage. For example, depositing inheritance money into a joint account can convert it to marital property subject to division.

Financial Disclosures

You will need to provide financial disclosures as part of your divorce case. This is true, even if you have already submitted a divorce agreement. The judge will review these disclosures before accepting the agreement and granting the divorce. Your South Florida divorce lawyer will help you gather the financial documents you need for this. Then, you can submit your disclosures and move that much closer to the divorce.

Temporary Orders

If you and the other party cannot agree, the divorce case will go to court. First, the judge can issue temporary orders that take effect while the divorce is being settled. These orders can include temporary spousal support, temporary custody arrangements, and other related matters. The judge can also have one spouse move out of the marital home.

What Types of Assets Are Typically Divided in Miami, Florida?

Miami divorce courts address the distribution of various types of property during marriage dissolution.

Real Estate Holdings

Real estate assets acquired during the marriage are commonly divided and can include a variety of property types, including:

• Primary residences
• Vacation properties
• Investment real estate
• Commercial buildings
• Rental properties

Financial Assets

Financial accounts and investments accumulated throughout the marriage are important components of marital property. These may include:

• Checking and savings accounts
• Investment portfolios
• Certificates of deposit
• Stock options
• Bonds and securities

Retirement and Benefits

Retirement savings and benefit plans earned during the marriage are considered valuable marital assets subject to division. These may include:

• 401(k) accounts
• Individual Retirement Accounts (IRAs)
• Pension plans
• Social Security benefits
• Life insurance plans

Business Interests

Ownership stakes and assets related to businesses developed or acquired during the marriage may be divided between spouses. These may include:

• Family-owned companies
• Professional practices
• Partnership shares
• Corporate stock
• Business equipment

Personal Property

Tangible personal belongings obtained during the marriage are also part of the marital estate and subject to division. These may include:

• Vehicles and boats
• Furniture and appliances
• Jewelry and art collections
• Family heirlooms
• Electronics

Shared Debts

The court also divides marital debts, including:

• Mortgage balances
• Credit card debt
• Vehicle loans
• Personal loans
• Home equity lines of credit

Each asset category requires specific documentation and valuation methods to determine fair distribution under Florida law.

How Can a Property Division Lawyer Assist in the Divorce Process?

A Florida property division lawyer helps identify marital and non-marital assets, gather supporting documentation, and advocate for fair distribution during negotiations or court hearings.

Asset Classification and Documentation

A property division lawyer assists with asset classification and documentation by:

• Reviewing financial records to identify marital and non-marital property
• Tracing asset origins and ownership history
• Gathering required documentation for court proceedings
• Creating detailed inventories of assets and debts

Valuation Support

A property division attorney provides crucial support for asset valuation by:

• Working with financial experts to determine asset values
• Analyzing complex property holdings and business interests
• Reviewing real estate appraisals and market assessments
• Evaluating retirement accounts and investment portfolios

Legal Representation

In the event of a divorce case proceeding to court, a property division lawyer provides skilled legal representation by:

• Filing required court documents and financial affidavits
• Presenting evidence supporting property claims
• Advocating for fair distribution in court hearings
• Handling appeals when necessary

Settlement Negotiations

A property division attorney also supports divorce settlement negotiations by:

• Developing strategic negotiation positions
• Representing clients in mediation sessions
• Drafting and reviewing settlement agreements
• Protecting clients from unfair property division

Legal Compliance

A property division lawyer maintains strict legal compliance by:

• Following Florida statutes on property division
• Preparing Qualified Domestic Relations Orders (QDROs)
• Monitoring adherence to court orders
• Addressing violations of property agreements

A property division attorney helps focus on long-term financial stability by guiding clients through documentation, valuation, and court proceedings under Florida law.

Take the First Step Toward a Fair Divorce Resolution

Property division can shape your financial future for years to come. At The Law Office of Ana C. Augusto, P.C., we guide clients through the complexities of identifying marital assets, evaluating property, and working toward a fair outcome. Our team focuses on protecting your interests and providing clear legal guidance every step of the way.

Contact our law firm today by calling 786-807-3045 or filling out our online contact form to schedule a confidential consultation.