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.
The Real Cost of Divorce
Expense category
Traditional litigated divorce Two attorneys
Pre-suit mediation Reineke Mediations
Upfront retainers
$6,000 - $10,000+ Two separate $3k - 5k retainers
$0 Pay as you go by the hour
Hourly rates
$700 - $900+/hr Two separate attorney fees
$400/hr combined $200/hr per spouse
Average timeline
6 to 18+ months Of stressful court delays
4 to 6 weeks From settlement to finalized agreement
Total financial drain
Often $15,000 to $30,000+
A fraction of the cost Versus hiring two attorneys
A Rate That’s Shared, Not Doubled
Our pre-suit mediation rate is $400 per hour, which is typically divided equally between both parties - so each spouse pays just $200 per hour.
Combined rate $400/hr
Per spouse $200/hr
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.
Frequently Asked Questions for Our Property Division Mediator in Tampa Bay, Florida
The mediation process for property division in Florida typically involves several key steps, including:
Introduction and Opening Statements.
Identification of Issues.
Information Gathering.
Communication and Negotiation.
Exploration of Options.
Evaluation of Legal Standards.
Deriving a Consensus.
Drafting Agreements.
The mediation process is confidential, and discussions that occur during mediation are generally not admissible in court. This confidentiality encourages open communication and negotiation Once the parties are satisfied with their verbal agreement, it may be finalized, signed, and implemented. The final written agreement may be submitted to the court for approval and incorporation into the divorce decree.
Property division mediation is most effective when both spouses are willing to collaborate and engage in open communication. If there is a mutual desire to work together to reach agreements, mediation can be a suitable process. In addition, couples who value preserving their relationships, especially in cases where ongoing future cooperation and communication is necessary and important, may find mediation to be a more amicable and relationship-focused approach to property division. Mediation allows couples to have more control and autonomy over the decision-making process. Mediation is also appropriate if both parties prefer to actively participate in crafting their own agreements rather than having a court impose decisions upon them, at what can be at the substantial cost of time and money.
In Florida property division mediation, parties have the opportunity to address a range of issues related to the distribution of marital assets and liabilities.
The issues that can be addressed may include, but are not limited to:
Complex property division cases can be effectively handled in mediation. In fact, mediation is often well-suited for addressing complex financial issues that arise in divorce, including the division of high-value assets, business interests, investment portfolios, and other intricate financial matters. Mediation allows for flexibility and customization in crafting solutions. In complex cases, couples may have unique assets or financial structures that require tailored approaches. Mediation provides the flexibility to address these complexities with creative and customized solutions.
If the property division mediation is part of a court-ordered process and the parties are unable to reach a settlement on all issues, in Florida, the parties may need to return to court for the resolution of their issues through litigation. While a comprehensive agreement may not be reached, the parties may document their partial agreements and address the remaining issues through legal channels. A judge will decide property division in court based on stipulations, applicable laws and the evidence presented.
Divorce is a difficult process, but Beth provided a safe space for both of us to express ourselves and come to an agreement. She is very familiar with the process and this helped move things along smoothly. She is very good about not taking sides and is a perfect mediator.
Not all mediators are licensed attorneys – Beth Reineke brings legal experience and practical insights to the mediation process.
Over 3 Decades of Legal Experience
Reineke Mediations has over 3 decades of legal experience in helping families find divorce resolutions.
Litigation Free
We believe any aspect of divorce and custody can be resolved without a courtroom fight. Beth Reineke has experience with mediating complex property division, entrenched custody disputes, and high-stakes alimony and child support issues. Reineke Mediations provides creative suggestions, gentle guidance, and reality check wisdom from years of hard work in courtroom wars.
Is Mediation the Right Choice?
We offer free phone consultations and reasonable rates for mediation, drafting of agreements, preparation of court documents and other mediation services. During your initial consultation, attorney Beth Reineke will discuss the benefits of mediation and alternative dispute resolution (ADR), and whether these methods are the right fit for your situation.
Attorney Beth Reineke devotes her law practice exclusively to mediation and other alternative dispute resolution services in divorce, paternity and family law. If you are committed to resolving conflicts without going to war, contact Reineke Mediations for a free telephone consultation. Our Tampa, Florida mediator conducts in person and virtual sessions with couples who live in and about the Tampa Bay Area – primarily, Hillsborough, Pinellas, and Pasco Counties.
Call 813-205-6675 or contact us using the form below.