Property Division & Alimony

Florida Family Law Attorney

Property Division and Alimony Legal Services for Clients in the Florida Panhandle and Gulf Coast Area

The Law Office of Richard C. Trollope is dedicated to assisting clients with family law needs. We understand that you are facing some of the most difficult decisions you will ever encounter. Our staff is here to help you understand the law and how it applies to your situation so that you can make informed decisions about your future.

Contact us to schedule a consultation about your divorce or other family law matter.

Florida Property Division: Equitable Distribution

In Florida, statutes and case law provide for equitable division of property when a couple divorces. Equitable distribution is the means by which a court determines a division of a couple's assets and liabilities. The slate begins with a presumption of an equal division. Theoretically, a marriage is an economic partnership of two equal partners. However, equitable division of property does not necessarily mean you get half the property. Various factors may affect the ultimate division of property, both real and personal, including the length of the marriage, each spouse's contribution to the marriage, who is awarded custody of the children and any award of spousal maintenance (alimony) to one of the spouses.

While the concept of equitable distribution may sound simple, the division of assets and liabilities can be complex, especially when the couple has substantial assets, a family business, a pension, inheritances, or if either spouse has property from a previous marriage to name a few examples.

At our office we employ forensic accountants, business valuators, and real estate appraisers to assist our clients with the valuation of assets, such as businesses, real estate, retirement and investment accounts and other financial holdings.

An experienced family law attorney is vital to assist you with a rational approach to the property division and debt allocation. We will work to ensure you receive a distribution that works to your advantage and provides you with the best possible financial benefit.

Florida Alimony (Spousal Support) Laws

Alimony in dissolution of marriage is based primarily on two important factors: need and an ability to pay. But what does that mean? Well, Florida courts have the authority to grant alimony (spousal support) to either party. That alimony award could be either permanent or rehabilitative (temporary).

But before that happens, the spouse who is requesting alimony has to prove that he or she really needs to be supported AND that the other spouse has the financial ability to pay that support.

Assuming that threshold is reached, there are several other statutory factors that a court can then consider in determining what, if anything, would be a fair alimony award. Those factors include:

• The standard of living established during the marriage (the court will generally try to maintain that standard if reasonable)
• The duration of the marriage (a long term marriage will generally create a stronger presumption of dependence than a short term marriage)
• The age and the physical and emotional condition of each party (these factors often contribute to a court's determination of a spouse's ability to support himself or herself)
• The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each (as we saw above, the issue here is one of need versus ability to pay)
• When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment (the court may award a temporary or rehabilitative alimony sum for the purpose of helping a spouse to become self supporting in the near term)
• The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party
• All sources of income available to either party

If you need to know whether an award of alimony is appropriate in the dissolution of your marriage, are currently in the process of figuring out a fair alimony settlement, or if you are having problems or issues with a court-ordered alimony arrangement, we can help.

Post-judgment Modification and Enforcement of Alimony

Circumstances often change, and as a result earlier court rulings may no longer suit your needs. We can assist you with post-judgment modification of the terms and conditions of a final judgment regarding alimony as well as assistance in the enforcement of such judgments.

Contact our Panama City, Florida, law office to discuss your situation in a confidential consultation.

The Law Offices of Richard C. Trollope
333 Magnolia Avenue (Magnolia at Fourth)
Panama City, FL 32401
Phone: 850-785-3423
Fax: 850-785-0408
Email

We are proud to serve Gulf, Calhoun, Jackson, Washington, and Holmes Counties, including Panama City, Port St. Joe, Blountstown, Marianna, Chipley, and Bonifay, Florida.