Category Archives: Divorce

What constitutes marital assets in Florida?

Best divorce attorney in Tampa, Gary Dolgin shares some important information regarding this.

In Florida, the division of assets and liabilities during a divorce follows the principle of equitable distribution. This means that all marital property and debts are divided fairly between the spouses.

The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to:

(b) Identification of marital assets, including the individual valuation of significant assets, and designation of which spouse shall be entitled to each asset.

This process begins with a thorough inventory of all assets acquired during the marriage, regardless of whose name the asset is in.

Marital assets can include real estate, bank accounts, retirement accounts, investments, vehicles, businesses, and personal property such as jewelry and furniture.

Both parties are required to disclose all relevant financial information and documents to ensure that all assets are accounted for. This might involve gathering financial statements, property deeds, vehicle titles, business records, and appraisals.

If you’re going through a divorce, it’s crucial to understand your rights and the factors that influence asset and liability division. Seeking guidance from a knowledgeable attorney can ensure a fair outcome.

If you are considering divorce and have questions about equitable distribution, we can help you here at The Law Offices of Gary S. Dolgin.

With over 33 years in practice, Board Certified Expert in Marital and Family Law, Gary Dolgin is an experienced and knowledgeable divorce attorney in Tampa who can represent your best interests.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To see what past clients have to say about retaining Gary Dolgin to represent them during their divorce, and to learn more about divorce, visit:
Best Divorce Attorney in Tampa – Gary S. Dolgin

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In Florida, the division of assets and liabilities during a divorce follows the principle of equitable distribution. This means that all marital property and debts are divided fairly between the spouses.

The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to:

(a) Clear identification of nonmarital assets and ownership interests.

In other words, assets and interests that belong solely to one spouse must be precisely and accurately distinguished because they are not subject to division in a divorce.

These nonmarital assets typically include:

– Property Owned Before Marriage ➡ These are assets one spouse owned before getting married.

-Inheritances ➡ Assets one spouse inherited, regardless of whether they were received before or during the marriage.

– Gifts ➡ Assets given to one spouse individually by a third party.

– Agreements ➡ Assets specified as nonmarital in a prenuptial or postnuptial agreement.

– Exclusions ➡ Assets excluded from marital property by mutual consent of the spouses.

Clear identification ensures these assets are recognized and protected during the division process in a divorce, preventing them from being wrongly classified as marital property.

If you’re going through a divorce, it’s crucial to understand your rights and the factors that influence asset and liability division. Seeking guidance from a knowledgeable attorney can ensure a fair outcome.

If you are considering divorce and have questions about equitable distribution, we can help you here at The Law Offices of Gary S. Dolgin.

With over 33 years in practice, Board Certified Expert in Marital and Family Law, Gary Dolgin is an experienced and knowledgeable divorce attorney in Tampa who can represent your best interests.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To see what past clients have to say about retaining Gary Dolgin to represent them during their divorce, and to learn more about divorce, visit:
Equitable Distribution Expert Tampa – Gary S. Dolgin

Best Divorce Lawyer in Tampa Explains 5 Compassionate Ways to Support Your Friend During Divorce

When a friend is going through a divorce, your support can be a lifeline. Here are five meaningful ways to be there for them:

1. Make Weekly Plans Together

In the wake of divorce, routines can feel upended and loneliness can set in. Some days of the week may be more difficult to cope with than others for your friend. Especially if they had certain routines with their ex.

Regularly scheduled get-togethers or excursions can provide much-needed stability and companionship. Whether it’s a weekly coffee date, a weekend hike, or a movie night, having something to look forward to can offer a sense of normalcy and comfort.

2. Invite Your Friend To Everything

Divorce can lead to feelings of isolation as social circles shift. Make a conscious effort to include your friend in your plans and gatherings. Even if they decline occasionally, knowing they’re wanted and included can alleviate feelings of loneliness and remind them of their value as a friend.

3. Don’t Trash Their Ex

During conversations about their divorce, maintain a supportive and positive attitude. Avoid speaking negatively about their ex, as it can deepen their pain and complicate their healing process.

Instead, be a supportive listener and offer words of encouragement. They’re going through a tough time, and they need your positivity. Your optimism and empathy can provide much-needed comfort and reassurance.

4. Offer To Help Announce The Split

Announcing the divorce to friends and family can be daunting for your friend. Having to explain what happened, and answer questions may cause more pain and sadness for your friend.

You can offer your assistance by helping them navigate this process so it’s less overwhelming for them.

Whether it’s drafting a message, making phone calls, or updating social media, your support can ease the burden and provide emotional support during this challenging time.

5. Help Them “Rediscover” Themself

Encourage your friend to use this period of transition as an opportunity for personal growth and self-discovery. Perhaps ask them what they used to enjoy doing before they were married, that their ex did not enjoy doing, and do those things together.

Suggest exploring new hobbies, interests, or activities that they may have neglected during their marriage.

Encourage them to prioritize self-care and engage in activities that bring them joy and fulfillment. By rediscovering themselves, they can lay the groundwork for a brighter and more fulfilling future.

Divorce can be a devastating time when your friend may feel lost and alone. The best thing you can do to help them through it is to be compassionate, considerate and involved with them.

Supporting them through divorce requires patience, empathy, and a willingness to be there for them in both good times and bad.

By following these tips, you can provide meaningful support and companionship as they navigate this challenging chapter in their life.

Your friendship and understanding can make all the difference in their journey towards healing and recovery.

If you or someone you know is facing divorce, and need the guidance of an experienced divorce attorney, don’t hesitate to look for the best divorce lawyer in Tampa who can inform you of your rights and help you navigate the laws during your divorce.

Equitable distribution of the parties’ marital assets is the first order of business in divorce cases.

If the court awards a cash payment for the purpose of equitable distribution of marital assets, to be paid in full or in installments, the full amount ordered shall vest when the judgment is awarded and the award shall not terminate upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt owed from the obligor or the obligor’s estate to the obligee or the obligee’s estate, unless otherwise agreed to by the parties.

As an example, in a divorce settlement, the court orders the husband to pay the wife $100,000 as part of the equitable distribution of their marital assets.

Despite the husband’s remarriage, the obligation to pay the full amount remains, and in the event of his death, the unpaid sum would be considered a debt from his estate to the wife, as agreed upon in their divorce decree.

If you are considering divorce and have questions about equitable distribution, we can help you here at The Law Offices of Gary S. Dolgin.

With over 33 years in practice, Board Certified Expert in Marital and Family Law, Gary Dolgin is an experienced and knowledgeable divorce attorney in Tampa who can represent your best interests.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

Top Divorce Attorney In Tampa – Gary S. Dolgin

Best Tampa Divorce Lawyer Helps You Understand Equitable Distribution of Assets and Liabilities in Divorce

Divorce is a big change that’s often tough emotionally. One major part of divorce is sharing what the couple owns and owes fairly.

This legal process looks at everything the couple has gathered during marriage and divides it between them. Let’s take a closer look at how this works and how an experienced Tampa divorce lawyer can help protect your best interests.

Understanding Assets

First, it’s important to split things into two groups: “marital” and “nonmarital.”

Marital assets encompass properties acquired during the marriage, ranging from tangible assets like homes and vehicles to intangible assets such as bank accounts, investments, and retirement savings.

Conversely, nonmarital assets include properties acquired before the marriage, through inheritance, or designated as non-marital through a prenuptial agreement.

Figuring Out Valuation

Once things are sorted, it’s time to see how much everything is worth.

This can be tricky and might require appraisals, financial experts, expert testimony, or other methods to ascertain the fair market value of each marital asset.

Accurate valuation is paramount as it lays the foundation for an equitable distribution that reflects the true worth of each asset.

Exploring Distribution Factors

With asset valuation completed, the court considers a variety of factors to decide how to distribute them equitably.

The court must begin with the premise that the distribution should be equal unless there is a justification for an unequal distribution based on all relevant factors, which include the following:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
(j) Any other factors necessary to do equity and justice between the parties.

Court Decisions

In instances where spouses cannot agree on asset division through negotiation or mediation, the court intervenes to render a final decision.

The court’s decision is guided by a commitment to fairness and equity, considering the specific circumstances of the case.

To conclude, equitable distribution of marital assets and liabilities is a multifaceted process that requires attention to detail and a comprehensive understanding of various factors.

It may become overwhelming, but seeking guidance from experienced legal counsel can provide clarity and direction. The goal is to ensure a fair and just division of assets and liabilities so both parties can move on with confidence and peace of mind.

If you’re facing divorce, and need assistance determining equitable distribution of your marital assets and liabilities, don’t hesitate to seek the guidance of the best divorce lawyer in Tampa who can protect your financial interests and advocate for a fair resolution.

Equitable distribution of the parties’ marital assets is the first order of business in divorce cases.

Initially, the court must classify all assets and liabilities owned by the parties, either jointly or individually, as either “marital’ or ”nonmarital.”

Once this classification is complete, the court must then set forth the value of each marital asset.

Thereafter, marital assets and liabilities must be distributed in accordance with various factors.

If you are considering divorce and have questions about equitable distribution, we can help you here at The Law Offices of Gary S. Dolgin.

With over 33 years in practice, Board Certified Expert in Marital and Family Law, Gary Dolgin is an experienced and knowledgeable divorce attorney in Tampa who can represent your best interests.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To see what past clients have to say about retaining Gary Dolgin to represent them during their divorce, and to learn more about divorce, visit:
Best Tampa Divorce Lawyer – Gary S. Dolgin

In Florida, marital assets and liabilities are divided equitably upon divorce, ensuring fairness for both parties involved.

The court will allocate each spouse’s nonmarital assets and liabilities accordingly.

When distributing marital assets and liabilities between the parties, the court starts with the presumption of an equal distribution. However, there may be valid reasons for an unequal distribution based on various factors.

Factor (a) to be considered is:

The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

For example, one spouse may contribute significantly to the marriage financially by earning the primary income or making substantial investments that benefit the family.

On the other hand, one spouse may sacrifice career opportunities or advancement to support the other spouse’s career goals or to prioritize family responsibilities, such as relocating for a spouse’s job or taking on part-time work to accommodate childcare needs.

If you are considering divorce and have questions about equitable distribution, we can help you here at The Law Offices of Gary S. Dolgin.

With over 33 years in practice, Board Certified Expert in Marital and Family Law, Gary Dolgin is an experienced and knowledgeable divorce attorney in Tampa who can represent your best interests.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To see what past clients have to say about retaining Gary Dolgin to represent them during their divorce, and to learn more about divorce, visit:
Best Divorce Lawyer Tampa – Gary S. Dolgin

Unveiling the Truth: How High-Earning Spouses Hide Assets During Divorce and How a Tampa Divorce Attorney Can Help

Divorce can be emotional and challenging, especially when large assets are involved.

In high-asset divorces, one of the most contentious issues is the division of property.

Unfortunately, some high-earning spouses may attempt to hide assets to gain an unfair advantage during divorce proceedings.

This deceptive practice not only undermines the integrity of the legal process but also deprives the other spouse of their rightful share.

In this article, we’ll explore the tricky methods used by high-earning spouses to hide assets and we will discuss how a skilled Tampa divorce lawyer can uncover these hidden assets to ensure a fair division of property.

Understanding Asset Hiding:

Asset hiding occurs when one spouse conceals or undervalues assets to prevent them from being included in the marital estate during divorce proceedings. This way, the spouse who is unaware of the hidden assets does not get their fair share when dividing assets during divorce.

High-earning individuals may resort to various tactics to hide assets, including:

1. Undervaluing Business Interests: High-earning spouses often own businesses or have substantial investments in companies. They may manipulate financial records or undervalue business interests to minimize the apparent value of marital assets.

2. Transferring Assets: Another common tactic is transferring assets to family members, friends, or offshore accounts to keep them out of reach during divorce proceedings. These transfers may appear legitimate on the surface but are often intended to hide assets from the other spouse.

3. Overstating Debts: Some spouses may inflate their debts or expenses to reduce the perceived value of their assets. By exaggerating financial liabilities, they seek to diminish the assets available for distribution in the divorce settlement.

4. Cryptocurrency and Digital Assets: With the rise of cryptocurrency and digital assets, some high-earning individuals may attempt to conceal wealth by investing in these assets, which can be challenging to trace without specialized knowledge and expertise.

The Role of a Divorce Attorney:

Navigating a high-asset divorce requires a skilled and experienced attorney who understands the intricacies of asset division and has the resources to uncover hidden assets. Here’s how a divorce attorney can help:

1. Comprehensive Financial Analysis: A proficient divorce attorney will conduct a thorough review of financial documents, including tax returns, bank statements, investment portfolios, and business records. By scrutinizing these documents, they can identify discrepancies and inconsistencies that may indicate asset hiding.

2. Forensic Accounting Services: In complex divorce cases involving high assets, forensic accountants play a crucial role in uncovering hidden assets. These financial experts specialize in tracing money trails, analyzing financial transactions, and identifying undisclosed assets. Working closely with forensic accountants, divorce attorneys can build a strong case to expose asset concealment.

3. Valuation Expertise: Determining the true value of marital assets is essential for achieving a fair division of property. The best divorce attorneys collaborate with valuation experts to assess the worth of businesses, real estate holdings, investments, and other assets accurately. By obtaining precise valuations, they ensure that no assets are overlooked or undervalued during the asset division process.

4. Legal Strategies: Armed with evidence of asset hiding, divorce attorneys can use strategic legal tactics to compel the disclosure of hidden assets and hold the deceptive spouse accountable. This may involve filing motions for discovery, deposing financial experts, and presenting compelling arguments in court to safeguard their client’s financial interests.

5. Negotiation and Settlement: While litigation is sometimes necessary to resolve disputes over hidden assets, many high-asset divorces are settled through negotiation or mediation. A skilled divorce attorney negotiates on behalf of their client to secure a favorable settlement that reflects the true value of marital assets. By leveraging their knowledge of the law and expertise in asset division, they strive to achieve an equitable outcome for their client.

In summary, high-earning spouses may attempt to conceal assets during divorce proceedings to gain an unfair advantage over their partner. However, with the assistance of a knowledgeable and resourceful divorce attorney, hidden assets can be uncovered, and equitable distribution of property can be achieved.

By conducting comprehensive financial analysis, using forensic accounting services, and employing strategic legal tactics, divorce attorneys ensure that their clients receive their rightful share of marital assets.

If you’re facing a high-asset divorce, don’t hesitate to seek the guidance of the best divorce attorney in Tampa who can protect your financial interests and advocate for a fair resolution.

In this article, Maggie S. shares her story about vowing to always stay in control of her finances after going through divorce.

During her marriage she relied on her husband to control the finances and was content having a joint bank account with him.

Once she realized that her marriage was ending, she became gripped with fear regarding her finances simply because she just didn’t know enough about her financial situation.

Years after her divorce, she finds comfort in being autonomous, and takes pride in staying fully aware of her finances.

To read the full article, visit: “Never Rely on a Man’s Money”

Traditionally, women have relied on their husbands to handle all the finances. However, more and more women are realizing that it is important to have knowledge and control over their own finances, especially in the event of divorce.

If you find yourself facing divorce, we can help answer any questions you may have.

Gary S. Dolgin is Board Certified in Marital Family and has over 33 years of experience practicing law in Tampa.

If you are looking for an experienced and knowledgeable divorce attorney in Tampa to represent your best interests, you can count on Gary Dolgin to help you.

To schedule a consultation with Gary S. Dolgin, Attorney At Law, call (813) 999-2772 and it will be our pleasure to help you.

To see what past clients have to say about retaining Gary Dolgin to represent them during their divorce, and to learn more about divorce, visit:
Best Divorce Lawyer Tampa – Gary S. Dolgin

Board certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the state Supreme Court.

When selecting an attorney to represent you in your family law case, choosing a board certified expert gives you the confidence in knowing that your attorney is recognized by The Florida Bar for being competent and experienced.

Gary Dolgin is proud to be one of only 27 Board Certified Experts In Marital and Family Law in Hillsborough County, one of only 271 in the entire State of Florida, and has over 33 years of experience practicing law in Tampa.

If you need help with any Family Law issue such as divorce, child support, child custody, spousal support, adoption, visitation, or equitable distribution give us a call today at (813) 999-2772 to schedule a consultation with Gary Dolgin, and it will be our pleasure to help you.

To see what past clients have to say about retaining Gary Dolgin to represent them during their divorce, and to learn more about divorce, visit:
Best Divorce Attorney Tampa – Gary S. Dolgin

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