Delray Beach is of the most exciting areas in the Palm Beaches. There is a broad diversity of culture and plenty of restaurants, bars, and beaches. Like every community, what is characteristic about Delray the community translates to what is characteristic in Delray divorces. If you are the typical Delrayresident, you like to have fun, enjoy the beach, and like the convenience of being able to walk around town.
The issues of divorce for Delray Beach residents are the same as the rest of Palm Beach. It is the facts that make the difference. The special issues inDelray divorce tend to arise out of the lifestyle more prevalent there. There are a few examples.
Who Gets the Boat? If you live in Delray, chances are you love being on the water. If that has evolved into you owning a boat, we have an issue of equitable distribution. We and the judge will need to go through a step by step process to determine who will end up on the high seas an who will end up stranded on a deserted island. Whether it is marital depends largely on how and when it was acquired. If it was purchased during you marriage with you or you spouse ‘s earnings, chances are, it marital and subject to equitable distribution. If it is marital, we will need to determine its value, including the value of any related debt, so that we know how it will fit in the final equitable distribution schedule. From there we build the argument to distribute it to you or to your spouse. Among the factors the judge must consider is the desirability of giving it to one spouse over the other, so if it’s more practical to distribute it as you wish, that’s a point in your favor. However you want the boat issue to be resolved, it is important you understand the process and legal argument in favor of your desired outcome. Having an attorney who understands this issue is a good idea, too.
What happens to the club membership? In Delray and in the surrounding area, there are many a club to which you and your spouse may belong. Country clubs, golf clubs, tennis clubs, boat clubs . . . If there is an equity position or the club has been a big part of your social life, this can become a major issue in your divorce. To begin with, if your membership would end tomorrow without any financial repercussion or continuing benefit, then it is not distributable through the divorce. If, however, there is a cash value continuing benefit into the future, it will need to be valued and distributed to you or your spouse (or potentially both of you). Because there is such a spectrum of possibilities, you are best advised to discuss the issue with an attorney. The lesson here? Don’t leave it off the list of assets!