Property Division Mediator in Tampa

Attorney/Mediator Beth Reineke

At Reineke Mediations, attorney and mediator Beth Reineke is a licensed family law attorney and a Florida Supreme Court Certified Family Law Mediator with over 30 years of experience litigating, mediating, and settling family law cases.

This means that this Tampa Bay property division mediator has seen every dispute or misunderstanding associated with equitable distribution in Florida Family Law over the past three decades.

Florida is an equitable distribution state, meaning all common property acquired during a marriage must be divided fairly in a divorce. This includes all income, assets, and liabilities earned or incurred during the marriage from a source connected to the marriage, often without regard to how the asset or liability is titled. While in the majority of the cases the court equally divides the parties’ assets and liabilities equally, equitable distribution doesn’t always necessarily mean a 50/50 split.

Guiding you through the essential aspects of equitable distribution, shedding light on this intricate process is a divorce aspect Reineke Mediations takes seriously because the outcome impacts each spouse’s future. Handling the details through mediation instead of an expensive courtroom battle can help preserve the parties’ relationship and financial futures.  This is especially important in cases where parties may have ongoing interactions, including those involving children.

Contact Beth Reineke to discuss whether your Florida property division negotiation needs are a good fit for mediation or another form of alternative dispute resolution during a free phone consultation.

What is the Definition of Equitable Distribution in Florida

While in the majority of the cases the court equally divides the parties’ assets and liabilities equally, a fair and equitable distribution does not necessarily mean an equal 50-50 split of marital property and debts. Instead, it focuses on achieving a fair and just division based on a range of factors. Florida Statute § 61.075 outlines the principles that guide the courts in making equitable distribution decisions.

• Contributions to the Marriage: The court considers each spouse’s contributions, both financial and non-financial, to the marriage. This includes contributions such as homemaking, child-rearing, and supporting the other spouse’s career.
• Economic Circumstances: The current financial situation and future financial prospects of each spouse are taken into account. This involves assessing their earning capacities, employability, and other relevant economic factors.
• Duration of the Marriage: The length of the marriage plays a role in determining the division. Longer marriages tend to involve more complex financial entanglements, impacting the distribution approach.
• Interruption of Career or Education: If one spouse’s education or career was interrupted for the benefit of the marriage or family, this could influence the distribution.
• Contribution to Asset Acquisition: The contributions of each spouse to acquiring, enhancing, or appreciating marital assets are considered. This could involve efforts in acquiring properties, investments, or other valuable assets.
• Marital Waste or Dissipation: If either spouse has recklessly spent marital assets without the other’s knowledge or consent, it could affect the distribution outcome.
• Non-Marital Assets and Liabilities: Property or debts acquired before the marriage, by gift, or inheritance, are generally considered non-marital and may not be subject to equitable distribution.

These factors may need to be negotiated to reach the final stages of Florida divorce proceedings. Mediation allows couples to actively participate in crafting their own settlement agreement rather than leaving these important decisions solely in the hands of a judge. Beth Reineke is a neutral mediator in mediation, facilitating productive discussions between the spouses. This process allows for open communication and a chance to explore creative solutions that may not be possible in a courtroom setting.

Benefits of Mediation in Equitable Distribution

• Cost-Effectiveness: Mediation often costs less than traditional litigation. By avoiding lengthy court battles, couples can save on legal fees and other associated expenses.
• Time Efficiency: Mediation typically results in quicker resolutions compared to the lengthy court process, which can be especially important in reducing emotional strain.
• Privacy: Mediation is a private process, offering confidentiality to both parties. Court proceedings, on the other hand, are a matter of public record.
• Flexibility: Mediation allows for customized solutions that may not be achievable through a rigid court decision.
• Control: Couples retain control over the outcome of their divorce settlement, fostering a sense of empowerment and collaboration.

During mediation, couples have the freedom to address unique circumstances and priorities. While the court’s guidelines are restrictive, mediation allows for personalized, custom tailored, agreements that reflect the specific needs and desires of the couple. This approach is particularly effective when preserving an amicable relationship is important; for instance especially when future co-parenting is involved.

Conclusion

As an alternative to traditional litigation, mediation can prove immensely beneficial when navigating the complexities of equitable distribution. Attorney Beth Reineke has a degree in finance. She is a licensed Florida Family Law Attorney and a Florida Supreme Court Certified Divorce Mediator. Drawing on more than 30 years of experience litigating, mediating, and settling property division cases in the Tampa Bay Area, she conducts virtual and in-person mediations for families in Hillsborough, Pinellas, and Pasco Counties and provides free phone consultations for Florida parents.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. Consult with a qualified family law attorney for advice tailored to your specific situation.