Naples Attorneys: Non-Marital Assets

Protecting Your Interests

During divorce, accurate characterization of all assets and liabilities is vital to achieving equitable asset division and can significantly impact other areas of the divorce, including alimony and child support. Hiring an experienced law firm to protect your interests is crucial. At Long, Murphy & Zung, P.A., we know that many divorces are forced to trial over this very issue, and we are committed to helping our clients achieve the best possible results without entering the courtroom.

In Florida, there are six forms of non-marital assets and liabilities:

  1. Assets and liabilities acquired by either spouse prior to the marriage and assets acquired and liabilities incurred in exchange for such assets and liabilities;
  2. Assets acquired separately by either party by non interspousal gift, bequest, devise or descent, and assets acquired in exchange for such assets;
  3. Income derived from non-marital assets during the marriage, unless the income was treated, used or relied upon by the parties as a marital asset;
  4. Assets identified as non-marital property in a prenuptial or post-nuptial agreement;
  5. Liabilities incurred due to forgery by one spouse
  6. Workers' compensation and personal injury settlement awards

With more than 75 years of combined family law experience, our attorneys understand the potential pitfalls and obstacles that can arise while characterizing marital and non-marital property during divorce. Tracing non-marital assets to their origins can present numerous challenges. At Long, Murphy & Zung, P.A., we will aggressively pursue all relevant bank records to prove inheritance transactions, transfers of assets and other hard-to-find information in order to establish clear paper trails.

Use of Assets and Commingling

Additionally, we will carefully examine the use of assets during the marriage in order to identify possible transmutations of non-marital property to marital property resulting from commingling. If non-marital assets have appreciated during the marriage as a result of commingling of property, this must also be accounted for.

Naples Non-Marital Property Lawyers

For a confidential discussion about non-marital assets with a lawyer serving the Naples-Marco Island area, call 239-262-3377 or contact us online to schedule an appointment.