Preserving Your Nonmarital Property While Remaining Respectful Of Your Spouse
Frequently, determining what belongs to whom becomes very contentious during a divorce. In an already stressful time, having more things to argue over can make separating your lives more difficult, unless you choose to work together.
At Sheldon E. Finman, P.A., our attorneys focus on problem-solving methods of divorce and dissolution, including:
- Collaborative divorce
- Cooperative divorce
Instead of going through the traditional, adversarial process that the courts create, we will work with you, your spouse and your spouse’s attorney to find common ground to build your own divorce agreement, giving you more control over the end result.
What Counts As Nonmarital Property?
Florida law states that any property or assets that someone owned before marriage, inherited or was gifted during the marriage is considered nonmarital property. This property is not to be divided in a divorce in Florida. This includes any appreciation or enhancement to the asset or property, so long as it is kept separate.
If the owner of that property elects to invest a portion or all the asset or property in the marriage, then it is considered commingled and becomes marital property that will have to be divided between the two.
Attorney Protecting Nonmarital Assets
The most practical approach to dealing with nonmarital assets is for everyone to be honest. As part of the alternative dispute resolution process, we require both parties to give a full disclosure of his or her financial assets. This establishes a balance in the division of marital property.
As attorneys for nonmarital property issues, we find that couples who are willing to work together to resolve their differences feel better about themselves, are more willing to work together as they raise their families, find better closure and are able to move forward.
Ask About Your Assets In A Consultation
Contact us at 239-215-4952 or toll-free at 877-214-3207 to learn more about our problem-solving divorce methods. You can also schedule a consultation by sending an email. Our law office is in Fort Myers, and we represent clients throughout southwest Florida, including Cape Coral.