Property Division in Florida

For many people, outside of child custody, the division of assets is the most stressful part of a divorce because it represents years of hard work and your future financial security. It isn’t just about splitting up furniture or bank accounts; it is about unwinding a life you built together and securing a stable foundation for your next chapter.

You might be worried about losing the family home, damaging your credit, or walking away with less than you deserve. These fears are normal, but you do not have to navigate this complex process alone. Florida laws provide a framework for a fair resolution, and with the right strategy, we can focus on financial clarity rather than conflict.

Understanding Property Division in Florida

To navigate your divorce successfully, you first need to understand the ground rules. Florida law is specific about how property is categorized and divided, and knowing the difference between what is yours, what is theirs, and what is shared is the first step toward a fair outcome.

The Legal Standard: Equitable Distribution

Florida operates under the legal principle of Equitable Distribution. It is crucial to understand that “equitable” means fair, not necessarily equal. While the courts often start with the premise that a 50/50 split is fair, a judge has the discretion to divide assets differently based on specific circumstances to ensure fairness for both parties.

The court’s goal is not to punish either spouse but to untangle the financial partnership so both parties can move forward independently.

Marital vs. Non-Marital Property

Before anything is divided, we must categorize every asset you own.

• Marital Assets: Generally, this includes any assets acquired or income earned by either spouse during the marriage, regardless of whose name is on the title. This includes retirement accruals, real estate, and businesses started during the marriage.
• Non-Marital (Separate) Assets: These are assets you owned prior to the marriage, or specific non-interspousal gifts and inheritances you received individually during the marriage and kept entirely separate.

The Concept of Commingling

One of the most common pitfalls in Florida divorces is “commingling.” This happens when a non-marital asset is mixed with marital funds. For example, if you inherited money but deposited it into a joint bank account used to pay the mortgage, that inheritance may lose its separate status and become marital property.

Key Factors in Florida Asset Division

There is no automatic calculator for divorce settlements in Florida; instead, judges use a set of statutory factors to determine fairness. Understanding what the court looks at can help us build a stronger argument for the assets you value most.

What the Court Considers

Under Florida Statute 61.075, judges look at a variety of factors to determine what a “fair” split looks like for your specific family. Common factors include:

• Duration of the Marriage: Florida courts weigh short-term, moderate-term, and long-term marriages differently.
• Economic Circumstances: The financial position of each spouse after the division.
• Contributions to the Marriage: This includes financial contributions as well as contributions as a homemaker or parent.
• Career Interruptions: If one spouse paused their career or education to support the other or raise children.

The Role of Spousal Conduct

Does “fault” matter? Generally, adultery or bad behavior does not impact asset division unless it involves the dissipation of assets. If a spouse spent significant marital funds on an affair, gambling, or reckless spending, the court may award the innocent spouse a larger share of the remaining assets to compensate for that waste.

Navigating Major Assets and Complex Holdings

High-value assets like real estate, retirement funds, and businesses often require more than a simple split. These complex holdings demand specialized valuation strategies and legal tools to ensure you don’t lose equity or face unexpected tax consequences.

The Marital Home

The house is often the largest emotional and financial asset. You have a few options:

• Sell and Split: The property is sold, and the net proceeds (equity) are divided.
• Buyout: One spouse keeps the home and refinances the mortgage to remove the other spouse’s name, paying them their share of the equity in cash or other assets.
• Exclusive Possession: In some cases involving minor children, the custodial parent may be granted the right to stay in the home for a specific period before it is sold.

Retirement Accounts and Pensions

Retirement funds earned during the marriage are considered marital assets.

• Private Plans (401k): To divide these without triggering early withdrawal penalties or tax events, we use a special legal tool called a Qualified Domestic Relations Order (QDRO).
• Florida Retirement System (FRS) & Pensions: Defined benefit plans (pensions) are valued differently than defined contribution plans (like a 401k). We ensure that the “marital portion” of the pension—only the years accrued during the marriage—is calculated correctly.

Business Interests and Professional Practices

If you or your spouse owns a business, valuation becomes complex. We must determine how much of the business’s value is marital. Florida law distinguishes between “enterprise goodwill” (value tied to the business brand) and “personal goodwill” (value tied solely to the individual’s reputation). Personal goodwill is often excluded from the marital pot.

Stock Options and RSUs

Executive compensation packages involving restricted stock units (RSUs) or stock options require careful analysis. We look at vesting schedules to determine which portion represents payment for past work during the marriage (marital) versus incentive for future work (potentially non-marital).

Dealing with Debts and Liabilities

A fair divorce settlement isn’t just about who gets the assets; it’s also about who takes responsibility for the bills. Properly dividing marital debt is essential to protecting your credit score and financial independence long after the divorce is final.

It’s Not Just About Assets

The divorce process involves dividing the “red” as well as the “black.” Marital debt includes mortgages, car loans, credit card balances, and student loans incurred during the marriage. These are typically divided equitably, regardless of who “spent” the money.

The Creditor Reality

A critical practical note: A divorce decree does not bind third-party creditors. If your spouse is ordered to pay a joint credit card but fails to do so, the creditor can still come after you. We focus on ensuring joint accounts are closed or refinanced whenever possible to break these financial ties completely.

The Emotional Side of Property Division

It is natural to feel a deep attachment to the things that made up your life together, but letting emotions drive financial decisions can be costly. We help you separate the sentimental value from the market value so you can make clear-headed decisions for your future.

Moving Beyond the Material

It is easy to fall into the “sunk cost” trap—spending thousands in legal fees to fight over furniture worth hundreds. We help you distinguish between items of true sentimental value and simple household goods.

Strategies for Coping

• Business Transaction Mindset: Try to view the division as a business dissolution. This helps reduce emotional burnout.
• Focus on the Long Term: Prioritize assets that appreciate (like retirement accounts or real estate) over depreciating assets (like cars or furniture).

Don’t leave your financial future to chance or a calculator. You deserve a fair share of what you built. Whether you have a complex estate with business interests or simply want to ensure you are not left with unfair debt, we are here to guide you.

Contact Kalish & Jaggars, PLLC today for a case evaluation to understand your rights and options.

The Process: From Discovery to Final Decree

The path to a final property settlement follows a structured legal timeline designed to ensure transparency and fairness. Knowing what to expect at each stage—from gathering documents to final negotiations—can reduce anxiety and help you prepare effectively.

1. Financial Disclosure (Discovery): Both parties must exchange “full and frank” financial disclosure. The Financial Affidavit is the cornerstone document where we list all income, expenses, assets, and debts. Hiding assets can lead to severe penalties.
2. Valuation: We bring in experts—real estate appraisers, forensic accountants, or business valuators—to ensure all numbers are accurate.
3. Negotiation and Settlement: Most Florida cases settle in mediation. A neutral third party helps you reach an agreement out of court, giving you more control over the outcome.
4. Litigation: If settlement fails, a judge will decide the division at trial. This is often more costly and risky, as you surrender control to the court.

How a Property Division Attorney Protects You

You shouldn’t have to face experienced opposing counsel or complex financial statutes alone. Having a dedicated family lawyer ensures that your rights are protected, hidden assets are uncovered, and the final agreement truly reflects your contributions to the marriage.

• Ensuring a Complete Picture: We investigate to ensure no assets are hidden or undervalued.
• Tracing Separate Property: We meticulously trace funds to protect your non-marital assets from being divided.
• Strategic Negotiation: We help you trade assets intelligently—for example, it might make more sense to keep the pre-tax 401(k) or the post-tax home equity depending on your long-term goals.

Frequently Asked Questions About Property Division