Securing Your Fair Share In Property Division

Florida divorce law calls for an equitable distribution of marital property. This does not always mean a 50-50 split. And even if the court awarded exactly half to each spouse, it’s still a complex calculus to actually divvy up the different assets of your estate. What counts as marital property? What is the value of each asset? How do you split a house or business in half?

My divorce practice, Jodie Bassichis, P.A, offers sophisticated advocacy in the litigation and settlement of marital property division. I have represented professionals, executives, business owners, pro athletes and other high net worth individuals, as well as spouses of high earners. In or out of court, I am aiming for a fair allocation that reflects your priorities.

Equitable Distribution Of The Marital Estate

Marital property is defined as property and assets acquired during the course of the marriage, as well as debts and liabilities. The Florida courts start with a presumption of 50% to each spouse, then add or subtract based on statutory factors to divide the estate “equitably.” Those considerations include the length of the marriage, the income and financial position of each spouse, contributions to the marriage (including child rearing), contributions to the other’s spouse’s career or earning capacity, interruption of one spouse’s education or career, and squandering of assets by one spouse. The court will also consider the desirability of maintaining full interest in a closely held business or of one party retaining the marital home, which would necessitate an offset of the other spouse’s marital stake in that asset.

In a contested divorce, my role is to make sure those equity factors are given appropriate weight and to accurately gauge the total value of the estate. Once it is determined what proportion each spouse is entitled to, I can help to engineer trade-offs, structured buyouts, cash payments and other creative solutions to balance the equation.

Experience Litigating Complex Property Division

My typical clients have diverse and complex holdings. I am well versed in the financial affidavits, disclosures and other mandatory requirements involved in the division of property. I have litigated cases involving:

• Business valuations and property appraisals
• Vacation homes, condos and timeshares in other states
• Stock options and bonuses
• Cryptocurrency and investments
• Imputed income
• Vocational evaluations of earning capacity
• Alimony (spousal support)
• Marital waste (extramarital affairs, gambling vices, etc.)
• Special equity (commingling or appreciation of assets owned before marriage)
• Hidden assets
• QDROs (qualified domestic relations orders) to divide retirement accounts
• Validity of prenuptial agreements

I have very good experts that I use, including forensic accountants, valuation specialists and tax professionals, to aid in everything from asset tracing to tax implications.

A Savvy Trial Lawyer On Your Side

I start with the goal of a practical settlement that both parties can live with. However, many property division disputes involve legitimate legal questions that must be resolved in the courts. I’m a seasoned litigator with a reputation for getting good results for my divorce clients, both women and men.

Jodie Bassichis, P.A, is a Hollywood law firm serving clients in Broward County and all over South Florida. Set up a free initial consultation by calling 954-627-1499, or email me.