What happens to my money and property in a divorce?
The first step of equitable distribution is to determine which assets (such as cash, cars, houses, or 401(k)’s) and liabilities (such as credit card bills, mortgages, and loans) are marital and which are non-marital. This is because non-marital assets and liabilities will generally be set aside and go to the spouse that acquired or incurred them, while marital assets and liabilities will be divided among the parties. In most cases, if an asset was earned or purchased during the marriage, or a liability was incurred during the marriage, it is considered marital.
How does property and debt get divided?
Who gets the house?
Am I responsible for my spouse’s credit card debts?
What is separate property?
How much support will I pay/receive?
How does child support get determined?
Will I have to pay alimony?
I’m self-employed. How does my income get determined?
What happens to my business?
What happens to my business?
Is my business a marital asset?
Divorce: Is Bitcoin a Marital Asset?
Bitcoin has sure been in the news a lot lately. The cryptocurrency, though volatile, has traded at over $50,000 in recent weeks. Billionaires have publicized opposing views about Bitcoin, with Bill Gates warning investors to stay away while Elon Musk has sung its praise. Regardless, more people seem to be getting on the Bitcoin bandwagon, and thus it is popping up more and more in divorce matters. In fact, you may be wondering: Is Bitcoin a marital asset for purposes of divorce? (more…)
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Protecting Your Tampa Bay Business With A Prenuptial Agreement
Under Florida divorce law, businesses are subject to equitable distribution. This essentially means that it can be considered a marital asset that is divided as part of the resolution of all divorce-related issues. Small-business owners, who have shed blood, sweat, and tears for their endeavor, find it surprising and frightening that a business might be divided in divorce. Further, this can be disruptive to the spouse of the small business owner; if the business begins failing due to protracted fighting or litigation, the spouse's ability to receive alimony or child support is greatly reduced. One way to protect a business from the fallout of divorce is to enter into a prenuptial agreement or, if you are already married, into a postnuptial agreement. (more…)
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Do my business records become public record?