The Doctrine of Equitable Distribution
If you’re going through a divorce, chances are you have had to deal with the issue of dividing your property. It can be a frustrating experience, but it’s a necessary step in the divorce procedure. In most states (including Florida), property division is guided by the concept of equitable distribution; that is, finding a fair way to divide the property up between spouses.
Unfortunately, property division is not always fair, no matter how good the intentions are of those involved. If you or someone you love is having problems dividing property following your marriage, contact the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A. today by calling 561-353-2800.
Equitable Distribution vs. Equal Distribution
People commonly misunderstand the term “equitable distribution” as meaning “equal distribution.” This is not the case. The courts do not see property division as a 50-50 split of any property, but rather as a means to make the divorce itself fair. It is mostly up to the discretion of the judge to decide what is equitable. Some of the things judges take into consideration are:
- How long was the marriage? Longer marriages are more likely to result in 50-50 splits of the property.
- What are the relative earning potentials of the spouses? A spouse with a lower earning potential is often given a larger share of the property.
- Who has custody of the children? The custodial parent is likely to retain more property.
Contact Us
If you are going through a divorce, property distribution is probably very important to you. The West Palm Beach divorce lawyer, Eric N. Klein, may be able to help you get the property you want. Contact us today by calling 561-353-2800.
