Division of Assets in a Florida Divorce

Florida is an equitable distribution state. That means a court aims to divide marital property and debts fairly, which is not always the same as splitting everything exactly in half. The court starts from the idea of an even division and then considers the circumstances of the marriage to reach a fair result.

A key first step is separating marital property from separate property. In general, marital property is what the couple acquired during the marriage, while separate property often includes things one spouse owned before the marriage. A local family law firm in Miami-Dade can explain how these categories apply to your assets.

Under Florida Statutes section 61.075, the court must begin from the premise that the distribution should be equal, unless the statutory factors justify an unequal split. Those factors include each spouse’s contribution to the marriage (including homemaking and child care), the economic circumstances of each spouse, the length of the marriage, and any intentional waste of marital assets. Assets and debts acquired during the marriage are generally presumed marital, while property a spouse owned before the marriage is often non-marital, and whose name is on a title does not by itself decide the question.

Dividing assets often means identifying and valuing what the couple owns and owes. This can include a home and other real estate, bank and retirement accounts, vehicles, personal property, a business interest, and debts such as loans and credit balances. Some assets are straightforward to value, while others may need a professional appraisal.

Couples can reach their own agreement on how to divide things, or a judge can decide when they cannot agree. Because these decisions can have lasting financial effects, many people work with a local firm. To see how this fits into the wider process, see our guide to how divorce works in Florida.

The information on this page is general and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your own case, speak with a licensed Florida attorney.