Florida Property Division Lawyer
On this page, I explain how Florida decides what is marital, how the split works, what happens to the family home, and how to avoid the mistakes that cost people the most.
How Florida Divides Property in a Divorce
Florida uses a system called “equitable distribution.” The word “equitable” means fair, but the law adds an important rule: the court “must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution.” See Fla. Stat. § 61.075(1). For most couples, that means a 50/50 split of everything marital.
The process has three steps:
- Sort every asset and debt into marital or non-marital.
- Put a value on each marital asset and debt.
- Divide the total so each spouse ends up with a fair share.
What Counts as Marital Property?
Marital property is almost anything either spouse earned or bought during the marriage. That includes wages, bank accounts funded with those wages, retirement contributions, and real estate bought during the marriage.
This surprises a lot of people: it doesn’t matter whose name is on the account. If your paycheck went into a checking account in your name during the marriage, that account is still marital. Courts look at when and how the money was earned, not the name on the statement.
The cut-off date is usually the day the divorce petition is filed. Assets and debts acquired after that are generally not marital. See Fla. Stat. § 61.075(7).
What Isn’t Divided
Florida law treats these as non-marital, meaning they generally stay with the spouse who owns them:
- Property owned before the marriage
- Gifts and inheritances from someone other than your spouse
- Income from non-marital property, unless it was treated as marital
- Property excluded by a valid prenuptial or postnuptial agreement
But these lines blur fast. If marital money paid the mortgage on a condo you owned before the wedding, or if both of you put work into improving it, part of its increase in value can become marital. The same is true when separate money gets mixed into joint accounts. Lawyers call that “commingling.” Tracing where the money came from often decides these fights. Gifts between spouses during the marriage, by the way, are marital.
Debts Are Divided Too
Credit cards, car loans, mortgages, and other debts taken on during the marriage are marital, even if only one spouse signed. The court lists every asset on one side and every debt on the other, then works from the net number.
How the Split Actually Works
Florida doesn’t require cutting every account in half. Instead, the goal is for each spouse to walk away with equal total value. That leaves a lot of room to negotiate.
For example, one spouse might keep the house while the other keeps a retirement account of the same value. Or one spouse might take on more of the debt in exchange for keeping a business. Trades like these often work better for both people than splitting everything.
Retirement accounts often need a special court order, called a QDRO, to divide them without taxes or penalties. It’s an easy step to miss and an expensive one to get wrong.
When a Judge Splits Things Unequally
A judge can depart from 50/50, but only for reasons listed in the law. These include:
- Each spouse’s contributions to the marriage, including raising children and caring for the home
- Each spouse’s financial situation after the divorce
- How long the marriage lasted
- Whether one spouse gave up a career or education for the family
- Whether it makes sense to keep a business or the family home intact
- Whether a spouse intentionally wasted or hid marital assets
That last one matters. If a spouse drains accounts, gambles away savings, or spends heavily on an affair around the time of the divorce, the judge can make up for it in the split.
What Happens to the House?
The family home is often the hardest asset to talk about. There are really only three options:
- You keep it.
- Your spouse keeps it.
- You sell it and divide the money.
Selling is often the simplest path. If one spouse keeps the house, it needs a proper appraisal, and that spouse usually buys out the other’s share by refinancing the mortgage in their own name. Before you fight to keep the house, make sure you can afford it on one income. A Zillow estimate isn’t evidence, and an appraisal usually pays for itself.
If you have children, a judge may consider letting the parent with more time stay in the home for a while, so the kids don’t have to move.
Businesses and Hard-to-Value Assets
Some assets need a professional to value them, including businesses, professional practices, investment portfolios, rental properties, and valuable art or collectibles. A wrong value can quietly cost you a lot.
A business started during the marriage is usually marital. One started before may still have a marital share if it grew because of work or money during the marriage. Common solutions include one spouse buying out the other, trading the business for other assets, or selling it. For business owners, professionals, and families with complex finances, see our page on high-asset divorce in Florida.
What If My Spouse Is Hiding Assets?
Both spouses must disclose their finances under oath through Florida’s mandatory disclosure rules. If you think your spouse is hiding or undervaluing something, tell your lawyer right away. Bank records, tax returns, and a forensic accountant can usually uncover it.
Settling vs. Letting a Judge Decide
Most couples settle property division, often at mediation. Settling gives you more control, especially over a business or the home, and it’s usually faster and cheaper. A judge will approve your agreement as long as it isn’t grossly unfair. If you can’t agree, the judge divides everything using the rules above.
Keep in mind that a property split is usually final. Unlike child support or some alimony, it generally can’t be changed later. That’s why it’s worth getting right the first time.
Why Clients Choose Fairway Law Group
Each client works with one attorney who handles the case from start to finish. We dig into the numbers, work with appraisers and financial experts when the case needs them, and make sure the factors that favor you are clearly presented. We represent clients throughout Florida from our offices in Deerfield Beach and Orlando.