Property Settlement in Miami Divorce

If you’re divorcing in Miami, you may wonder how you and your spouse will divide the property from your marriage. Whether you negotiate an agreement to be used in an uncontested divorce or take your case to a contested trial, property division will likely become an important legal issue. As the property settlement in your divorce might affect your financial future for many years to come, it may be a good idea to consult with a Miami family lawyer so that you have a more thorough understanding of your property rights.


A property settlement must divide both assets and debts. Your divorce will involve assets and debts that are identified as marital property. You might have a family home, bank accounts, or other assets that require division as marital property. You might also have to divide your obligations to lenders or creditors to whom you owe debts. Florida requires each spouse to prepare a financial affidavit which contains all information relevant to property division. If your spouse doesn’t cooperate, or you suspect that your spouse is hiding marital property, you may need legal representation by a Miami family lawyer.


While you and your spouse have the right to negotiate a property settlement as part of your divorce, a Florida court deciding property issues must follow the state’s equitable distribution law. The court will likely also consider the principle of equitable distribution when reviewing a marital settlement agreement submitted in an uncontested dissolution of marriage. If the judge believes that the property settlement is reasonable, the judge will likely approve it as part of the finalized divorce.
Equitable distribution requires a fair division of assets and debts, but it doesn’t guarantee that you and your spouse will each get a completely equal award. The court must consider many factors related to property division. These factors include the length of your marriage, each spouse’s contributions to the marriage, and each spouse’s economic circumstances. For example, a court might consider the contributions of each party when one spouse worked outside the home and the other spouse took care of their children at home. If you have questions regarding the factors for equitable distribution, Montalvo Law Firm, P.A., can work with you so that you understand your property rights. You should learn about the relevant property laws before you sign any property settlement — otherwise, you might not understand what you’re signing until after it’s too late.