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tina.lewert@lewertlaw.com

301 Yamato Rd #4110, Boca Raton, FL 33431, United States

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Boca Raton Divorce Lawyer and Family Attorney

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561-544-6861

Board Certified Boca Raton Asset Division Lawyer

When a marriage ends, dividing what you have built together is often the most complicated part. Tina L. Lewert, a Boca Raton asset division lawyer who is Board Certified by The Florida Bar, helps you protect what is yours and reach a fair result.

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How Equitable Distribution Works in Florida

It can depart from an even split when the circumstances justify it. Lewert Law helps clients across Boca Raton and Palm Beach County work through the division of marital property, from straightforward cases to those involving businesses, pensions, and other complex holdings.

Florida follows equitable distribution rather than community property, which means the goal is a fair division based on the specifics of your marriage, not a rigid 50/50 formula. Under Florida Statute 61.075, the court works through the process in steps: first it sets aside each spouse’s nonmarital property, then it identifies and values the marital assets and debts, and finally it distributes them, beginning from the premise that the split should be equal unless relevant factors justify otherwise.

As an equitable distribution attorney Boca Raton residents rely on, Tina L. Lewert helps you make sure assets are classified correctly, valued accurately, and divided fairly. When spouses can reach their own agreement, the court will usually approve it; when they cannot, the court steps in to classify, value, and divide everything.

Boca Raton Asset Division Lawyer
Boca Raton Asset Division Lawyer

Tina Lewert

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Marital and Nonmarital Property

The first and often most consequential question is what counts as marital. Marital assets and debts are generally those acquired by either spouse during the marriage, and these are what get divided. Nonmarital property, such as assets one spouse brought into the marriage or, in many cases, received by gift or inheritance, is set aside to that spouse and is not divided.

Spouses frequently disagree about how an asset should be classified, and the answer can significantly change the outcome. As a marital asset division attorney Boca Raton families turn to, Tina L. Lewert helps clearly define what is marital and what is separate so the division starts from the right place.

Dividing Retirement Accounts and Pensions

Retirement savings are often among the largest assets in a marriage, and they receive special attention. In most cases, a retirement account or pension earned during the marriage is treated as a marital asset subject to division, but the entire value is not necessarily marital. Generally, only the portion earned during the marriage is divided.

Dividing these accounts also involves specific legal tools. A qualified domestic relations order, or QDRO, is often used to divide a 401(k), pension, or similar plan between spouses in a tax-efficient way, and pensions in particular may require professional valuation. As a retirement asset division attorney Boca Raton clients trust, and as a pension asset division attorney Boca Raton residents can rely on, Tina L. Lewert helps ensure these assets are valued and divided correctly so your long-term financial security is protected.

Other Factors and Complex Estates

The precise way assets are divided depends on the couple and their circumstances. Among the factors a court may weigh are each spouse’s contributions to the marriage, including as a homemaker, the length of the marriage, and each spouse’s economic situation. Where an estate includes a business, real estate holdings, investment accounts, or other substantial assets, the classification and valuation work becomes more involved. A Boca Raton complex asset division lawyer can bring in the right valuation help and structure a division that holds up.

Can Adultery Affect Property Division?

Florida is a no-fault divorce state, so a spouse’s infidelity by itself generally does not affect property division, alimony, or time-sharing. There is an important exception, however. If a spouse intentionally wasted marital assets, for example by spending heavily on an affair through lavish trips, gifts, or rent for another person, the court can take that dissipation into account and adjust the division to account for what was lost. If this may apply in your case, it is worth discussing with an attorney.

Why Work With a Board Certified Boca Raton Asset Division Lawyer

Property division rewards careful classification, accurate valuation, and steady negotiation, which is where focused experience pays off. Working with a board-certified specialist means your case is handled by someone whose focus and experience in marital and family law have been formally recognized by The Florida Bar. Because Lewert Law keeps a deliberately limited caseload, the attorney you meet is the attorney who handles your matter.

That certified focus has been recognized by The Florida Bar and the wider legal profession:

  • Board Certified Specialist, Marital and Family Law, by The Florida Bar, 2009 to present
  • Nationally Board Certified in Family Trial Law by the National Board of Trial Advocacy
  • U.S. News "Best Lawyers" 2023 to 2026, Family Law and Family Law Mediation
  • Super Lawyers Magazine's "Top Attorneys in Florida" 2013 to 2025

Serving Boca Raton and South Florida

Lewert Law is based in Boca Raton and handles asset division matters for clients throughout Palm Beach County and Broward County, including Delray Beach, Boynton Beach, Lake Worth, Highland Beach, West Palm Beach, Palm Beach Gardens, Deerfield Beach, Pompano Beach, Coral Springs, and Parkland. As a Boca Raton family law attorney focused exclusively on marital and family law, Tina L. Lewert handles property division as part of the broader divorce. Local divorce cases are generally heard in the Palm Beach County or Broward County family courts.

Frequently Asked Questions

Does equitable distribution mean a 50/50 split in Florida?

Not exactly. Equitable means fair, not automatically equal. Under Florida Statute 61.075, the court begins from the premise that marital assets and debts should be divided equally, but it can order an unequal split when relevant factors justify it. In practice, courts often start near an even division and adjust based on the circumstances.

How does the court decide what is marital versus nonmarital?

Marital property is generally what either spouse acquired during the marriage, and it is subject to division. Nonmarital property, such as assets owned before the marriage or, in many cases, received by gift or inheritance, is set aside to that spouse. Because classification can change the outcome significantly, it is often a contested and important step.

How are retirement accounts and pensions divided?

A retirement account or pension earned during the marriage is usually treated as a marital asset, but typically only the portion earned during the marriage is divided. A qualified domestic relations order (QDRO) is often used to divide a 401(k) or pension in a tax-efficient way, and pensions may require professional valuation. Working with a pension asset division attorney Boca Raton residents trust helps ensure this is done correctly.

What happens with a business or other complex assets?

When the marital estate includes a business, real estate, or significant investments, the classification and valuation work is more involved and often calls for outside experts. A Boca Raton complex asset division lawyer can coordinate that valuation and structure a division that is both fair and durable.

Can my spouse's affair affect how our property is divided?

Generally no, because Florida is a no-fault state. The exception is dissipation: if your spouse intentionally wasted marital assets, including on an affair, the court can consider that and adjust the division to account for the loss.

Where are Boca Raton asset division cases heard?

A divorce involving asset division is filed with the Palm Beach County Clerk of the Circuit Court, and for Boca Raton residents these cases are generally heard in the family division at the South County Courthouse, located at 200 W. Atlantic Avenue in Delray Beach, the nearest county courthouse to Boca Raton.

Dividing property is one piece of a larger divorce. You may also want to read about:

Speak With a Boca Raton Asset Division Lawyer

Dividing marital property is one of the most important financial steps in a divorce. To talk through your situation with a board-certified asset division attorney Boca Raton Florida residents rely on, call Lewert Law at (561) 544-6861 or reach out through this site to schedule a confidential consultation.