Fort Myers Asset Division Lawyers

33 Years of Experience Handling Division of Assets in Lee County, Cape Coral, and Lehigh Acres

Division of assets is one of the more complex matters of negotiation in divorce and requires an experienced attorney who is familiar with Florida’s property division rules and trends. Attorney John D. Mills, P.A. has been practicing law for 31 years and is a veteran when it comes to property division negotiations. He has negotiated division of assets for standard divorces and high net worth divorces involving a number of high-value assets, so he has the practical and quality experience you need to put up an assertive negotiation. Attorney Mills will do his best to fight for your spousal and property rights and ensure everything runs as smoothly as possible in your negotiation.

  • Florida State Bar
  • Florida State Bar

Separate vs. Marital Property

One important step in preparing for the asset division process is determining what property is separate and what is marital. Separate (nonmarital) property is usually not up for division in a Florida divorce, and separate property is typically property that one spouse owned before the marriage or acquired during the marriage as a gift or an inheritance. Note that income from separate property, even if accumulated during the marriage, may also be considered separate property, unless it has been commingled with marital property (e.g., the funds were placed in a joint bank account with the other spouse or marital funds were used to improve the separate property). 

Marital property encompasses all assets and debts either spouse acquired during the marriage. Such assets could be money, real property, retirement or pension accounts (401(k)s, IRAs), and profit-sharing accounts. Spouses should consult an attorney to better evaluate what might be considered marital property, as well as what portion is marital property. If a partner started a business during the marriage, this may also involve a more rigorous process of business valuation from an experienced professional.

If spouses had previously drafted a marital agreement, they may likely have established at least some guideline for property division in the case of divorce. For instance, prenuptials often lay the groundwork for what will be considered separate property. Attorney John D. Mills, P.A. has experience handling even the most complex property division cases, and he also has represented numerous clients pursuing high net worth divorce that involved high-value assets to be divided. He can effectively examine the relevant property and assets to help spouses negotiate a fair plan for division.

Schedule an initial consultation with the Law Office of John D. Mills, P.A. for legal assistance in your Lee County property division case today. Call (239) 347-9932 or contact our firm.

  • John D. Mills Photo
    John D. Mills
    Managing Attorney
    I'm John D. Mills, and I am dedicated to aggressively pursuing the best possible outcome for my clients - inside and outside of court.
  • Monica S. Adkins Photo
    Monica S. Adkins
    Office Manager
    Monica Skinner Adkins is a 5th generation Lee County residence. She was born and raised in Fort Myers and graduated from North Fort Myers High School and attended Edison Community College for two years.
  • Sheryl A. Riebenack Photo
    Sheryl A. Riebenack
    Sheryl A. Riebenack, a Florida Registered Paralegal, has worked with the firm since 2010. She has over 40 years of experience in marital & family law. She serves our clients with compassion and respect.
  • Kimberly A. Chaps-Mills Photo
    Kimberly A. Chaps-Mills
    Director of Marketing
    Kimberly Ann Chaps-Mills relocated from West Bloomfield, Michigan in 2006 to Lee County, Florida. Kimberly has worked in the real estate legal arena, development, marketing, and sales since her arrival. She is a proud mother of two grown sons and an ...

Florida’s Equitable Distribution Approach

Florida divides property based on an equitable distribution approach, where marital property will be divided equitably or fairly (as deemed by the judge), which does not necessarily mean equally. In fact, equitable division rarely results in a literal 50/50 split.

To determine the division of assets based on equitable distribution, a Florida judge will look at:

  • each spouse's income and earning potential;
  • the length of the marriage;
  • the number of minor children;
  • whether one spouse made career sacrifices for the other spouse's education or job;
  • each spouse's debts and assets;
  • each spouse's overall physical and mental health; and
  • any other relevant factor.
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