NAPLES Property/Asset Settlement Attorneys

Let Our Naples Lawyers Set a Solid Foundation for Your Future

The division of property, assets, and debt can be complicated in any divorce. It can also lay the groundwork for your future financial stability. Based on well over seven decades of collective experience, our Naples attorneys at Long, Murphy & Shemkus, P.A. are intimately familiar with the various factors that may play a role in the final property settlement of a divorce.

In your divorce, we can address such property and assets as:

• Privately or publicly held businesses
• Real property
• Bank accounts
• Investment accounts
• Annuities
• Retirement accounts
• Pensions
• Life insurance
• Stock options
• Personal property
• Artwork
• Jewelry
• Timeshares
• Pets

Through our years in practice, we have seen it all. Our experienced Naples divorce attorneys have represented numerous professionals and high net worth individuals in complex property and asset settlements. We have dealt with complex business valuations, real property, and other issues that can present serious complications if mishandled. If you own real property and maintain residences in multiple states, it is important to contact us to make sure you can file for divorce in Florida, as there are strict residency requirements.

How Is Property Divided in a Florida Divorce?

Florida handles property division in a divorce on the principle of equitable distribution. Marital property is generally divided equally, but there are some cases where unequal distribution may be justified.

Our first step in pursuing your interests during your divorce will be to establish what is marital versus nonmarital property. This is a crucial step and a precursor to the distribution of property and assets. Known for our vigilance and skill, our attorneys have extensive experience in uncovering hidden assets, valuing businesses and other property, and protecting our clients’ interests as property and assets are divided.

What Is Considered Marital Property in Florida?

According to Florida Statute 61.075, marital property includes:

1. Property acquired during marriage

Assets such as a house, car, and investment income that are acquired after marriage are considered marital property.

2. Appreciate and enhancement of an asset

If assets that were acquired before the marriage increase in value during the marriage as the result of one or both spouses’ efforts, they may be considered marital property.

3. Spousal gifts

Spousal gifts are considered property that belong to both spouses, not just the recipient of the gift.

4. Retirement benefits

When married couples save for retirement, they’re typically saving for a future together. To make sure that one spouse is financially protected after divorce, courts will consider these types of assets to be marital property.

5. Personal and real property held as tenants by the entirety

Property, real or personal, that is held by spouses as tenants by the entireties is considered to be a marital asset.

Who Gets the House in a Florida Divorce?

In Florida, the judge may award one spouse the home in exchange for buying out the other spouse’s share of the home, or require the couple to sell the home and divide the proceeds. If there are children involved in the divorce, the judge is more likely to award the home to the custodial parent.

When you work with a Naples lawyer at Long, Murphy & Shemkus, P.A., we will take care to ensure your property is timely and accurately valued. We will represent your interests to the fullest extent of the law and our ability.