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The Financial Aspects of Divorce

Samuel FillerTaking Costs into Account

There may not be children, but there are almost always major financial concerns involved in every divorce.

At the Law Offices of Samuel Filler, Samuel Filler and his staff understand the concerns and anxiety you are probably experiencing right now over issues such as property division, your living situation or simply being able to make ends meet after dividing one household into two. We can help you sort these issues out and work toward a solution that takes the true costs of divorce into account. To talk to a lawyer about your divorce and financial concerns, just call or contact our firm online.

Property Division

Florida is an equitable distribution state. What that means is that, when a couple cannot agree on how to divide marital assets and debts, a court will decide the issue of property division on an equitable, but not necessarily equal, basis. Generally speaking, property that was brought into the marriage (and that has not become too commingled with marital property), inheritances and personal gifts will be excluded from the property division equation. All other property is considered marital property and may be divided, including:

  • Businesses or professional practices
  • Investments, stocks, retirement accounts, 401(k) plans
  • Pensions and other types of employee benefits
  • Real estate
  • Unique assets (art, jewelry, etc.)

Alimony and Child Support

If there are minor children involved, child support will be part of the divorce equation. Florida generally considers the incomes of both parents, the number of children in the family and the costs of health care and day care to determine how much child support is appropriate.

Alimony, by contrast, is uncertain. Courts have much discretion in this area and may consider factors such as the length of the marriage, the marital standard of living and the relative ages, health status, and income earning potential of each spouse. Last, even when a court determines that alimony is appropriate, the amount ordered will be based on the payer's means and ability to pay.

You don't have to be seeking a divorce to obtain alimony or child support. If you are currently separated or are living apart from your spouse because of domestic violence, our attorneys can help you obtain a court order for support.

Contact Our Longwood, Florida, Offices

For a free consultation, contact us online or call 407-772-0700.