Equitable Distribution Under Florida Law
Equitable distribution is the legal process by which Florida courts divide marital assets and liabilities during a divorce. Under Fla. Stat. §61.075, Florida follows the principle of "equitable" distribution - meaning fair, though not necessarily equal. The court begins with a presumption of equal (50/50) distribution but may deviate based on specific statutory factors, making experienced legal representation essential to protecting your financial interests.
Identifying and Valuing Marital vs. Non-Marital Assets
The first critical step in equitable distribution is classifying assets and liabilities as either marital or non-marital. Under Fla. Stat. §61.075(6), marital assets include all assets acquired during the marriage, the enhancement in value of non-marital assets due to marital labor or funds, interspousal gifts, and all retirement benefits accrued during the marriage. Non-marital assets typically include property owned before the marriage, inheritances, and gifts from third parties - provided they have not been commingled with marital assets.
The commingling of assets is one of the most litigated issues in equitable distribution. When non-marital funds are deposited into joint accounts or used to improve marital property, tracing the original non-marital character requires forensic accounting and detailed financial analysis. Marc Cohen's MBA in Quantitative Analysis provides a critical advantage in these complex tracing exercises.
Equitable distribution also encompasses the division of retirement accounts (requiring Qualified Domestic Relations Orders or QDROs), business interests (requiring professional valuations), stock options and deferred compensation, real estate (including investment properties), and debts including mortgages, credit cards, and tax obligations.
Equitable Distribution Cases in Boca Raton
In Boca Raton, equitable distribution cases filed at the Palm Beach County Family Division courthouse at 205 N. Dixie Hwy, West Palm Beach routinely involve multi-million dollar marital estates. The concentration of corporate executives, business owners, and professionals in Boca Raton's upscale communities means property division frequently encompasses luxury real estate, country club memberships with equity value, sophisticated investment portfolios, deferred compensation, and closely held business interests. Boca Raton's luxury real estate market, with homes regularly exceeding $1 million, makes property valuation a central issue in many family law cases here.
Why Choose Marc M. Cohen, P.A.? For equitable distribution cases, Marc Cohen's dual credentials - J.D. and MBA in Quantitative Analysis - provide an unmatched advantage. He personally understands financial statements, business valuation methodologies, and sophisticated asset structures rather than relying solely on outside experts. This means he can identify hidden assets, challenge inflated or deflated valuations, and present financial evidence persuasively to the court. Over 25 years of Florida family law practice has given Marc deep experience in dividing everything from modest community property to multi-million dollar estates with complex business interests and investment portfolios.
Contact a Boca Raton Equitable Distribution Attorney
If you need experienced legal representation for equitable distribution matters in Boca Raton, contact Marc M. Cohen, P.A. for a free consultation. Call (561) 740-3301 or contact us online to discuss your case. We serve clients throughout Boca Raton, Palm Beach County, and all of South Florida.