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Category Archives: Property Distribution

Divorce_House

The Court Might Let You Stay In The Marital Home Only Until The Youngest Child Turns Eighteen

By Schwartz White |

The parents of young children say that the days are short but the years are long.  One day with a preschooler involves more noise, tantrums, unanswerable questions, snack requests, wardrobe changes, heart-melting cuddles, and cleaning of messes than you ever thought possible before you had kids, but the days when the same child that… Read More »

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Gift

Are Gifts From Extended Family Members Marital Property?

By Schwartz White |

If you get divorced, then you have to divide your marital property with your ex-spouse, but you get to keep your separate property.  Florida is an equitable distribution state, so you don’t have to divide the marital property in half; instead, you can agree with your spouse on how to divide it, or the… Read More »

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DivHouse

Even If The House Is A Non-Marital Asset, Its Appreciation In Value May Be Subject To Equitable Distribution

By Schwartz White |

Pursuant to Florida’s equitable distribution laws, the Florida family courts are not in the business of nitpicking about who earned which money during the marriage or who incurred which debts.  All assets acquired and income earned during the marriage count as marital property, and unless the parties agree in a marital settlement agreement how… Read More »

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Divorce_House

What to Do with the Family Home after Divorce

By Schwartz White |

Splitting assets in a divorce can be an emotional process to begin with, and deciding what to do with the family home can be one of the toughest challenges. Both spouses typically have a lot of emotional ties to the property. Before you make a final decision on what to do with the house,… Read More »

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DivMoney

Six Factors to Consider in a High-Net-Worth Divorce

By Schwartz White |

At the Law Offices of Schwartz | White, our team of Boca Raton divorce attorneys specializes in couples who are facing high-income and high-net-worth divorces. It’s important to have a firm who specializes in these types of divorces because you need someone with the resources and capability to evaluate the complex and valuable property… Read More »

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Prenup5

What to Know About a Florida Postnuptial Agreement

By Schwartz White |

A prenuptial agreement is one that is drafted prior to the marriage, whereas a postnuptial agreement is one that is executed once the couple has already exchanged vows. Marital agreements are often used by parties who have a significant amount of assets, or were married previously and need to address assets or custody matters…. Read More »

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Div7

What to Know About Dividing a Business in a Divorce

By Schwartz White |

During a divorce, both assets and liabilities will be divided between the spouses. This process is called equitable distribution. The court will determine which assets are marital property and which ones are separate property, and then they distribute marital assets between the parties. If you own a business with your spouse, this will be… Read More »

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DivDecree

Florida Divorces and Cryptocurrency

By Schwartz White |

Asset distribution is one of the most contested matters in many divorces. Spouses are worried about the other one getting more than they deserve, or even worse, that their spouse is hiding assets from them. Previously, spouses mainly worried about off-shore accounts or a spouse who manipulated the numbers of existing assets. Today, the… Read More »

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BankrDiv

Filing an Injunction to Protect Marital Property

By Schwartz White |

When spouses get separated pending divorce, the marital property that they own continues to be their joint property until a court divides it as part of the divorce. Some spouses take control of the marital property and use it for their own needs and wants. While the spouses can reasonably be expected to spend… Read More »

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Tax5

Division Of Student Loan Debt In A Divorce

By Schwartz White |

As a general rule, debts incurred during a marriage are treated just like assets acquired during the marriage and divided equitably between the spouses in a divorce. When it comes to student loan, it may surprise spouses who are going through a divorce to learn that they may both be responsible for paying the… Read More »

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