Hello and welcome to 60 Seconds with Sergio. I am your host, Sergio Cabanas, Attorney-at-Law here in Florida. Thank you for joining me today.
Today’s question is: “Sergio, I have a divorce that appears to be imminent. I have no way to avoid it but I’m very concerned about losing a particular asset in the divorce.”
Usually, people are concerned about losing a house, or a boat, or a car, or a business. We don’t have to chop everything in half and divide it up, like this picture shows.
So, the good news is that it may be possible to keep that important asset that you really, really, really want after the divorce.
So, my suggestion would be, consult with an attorney.
Because sometimes we can find an exception for you to keep that asset.
We example, we would try to argue that it’s non marital and therefore not subject to a division in a divorce.
Usually that could be a pre marital asset, an asset you acquired prior to the marriage.
Or it could be an asset that you’ve gotten through an inheritance or through a gift that was given only to you.
It is possible to keep that all out of the divorce.
Whenever that’s not possible, that is if we can’t find some other legal basis for an exception, what we could do is negotiate the asset in the divorce.
It’s very common in a divorce to kind of negotiate these assets back and forth, it’s kind of like horse trading, if you give me this, I’ll give you that.
Etcetera, etcetera, etcetera. So, everything is negotiable and our creativity is the limit so long as the parties agree. So, just keep in mind there are ways to avoid this from ever happening.
I hope this short video provided you some guidance over this important subject.
Once again, thank you for joining me today. And as always, stay informed so you can stay strong.