Family Law Guides
Dividing Assets in a Florida Divorce
Florida divides property in a divorce under a system called equitable distribution, which aims for fairness rather than an automatic even split. This guide explains how marital property is identified and divided as the law stands in 2026. This guide is general information and not legal advice.
Equitable distribution, not community property
Florida is an equitable-distribution state, not a community-property state. Under Florida Statutes section 61.075(1), a court must begin with the premise that the marital estate should be divided equally, unless there is a justification for an unequal distribution based on all the relevant factors.
The word to focus on is equitable, which means fair. Equitable does not mean an automatic 50/50 split. It means the court starts from equal and adjusts the division only when the facts justify it.
Marital and non-marital property
Before dividing anything, the court sorts property into two categories. It first sets apart each spouse’s non-marital, or separate, assets and liabilities, then distributes the marital estate. Under section 61.075(6) through (8), assets acquired and debts incurred during the marriage are presumed to be marital, though that presumption can be rebutted by showing an asset is actually non-marital.
Timing matters for this sorting. The cutoff for classifying assets is generally the earlier of the date of a valid separation agreement or the date the divorce petition is filed, under section 61.075(7).
When a court orders an unequal split
Section 61.075(1) lists the factors a court weighs when deciding whether an unequal division is justified. They include each spouse’s contribution to the marriage (including homemaking and child care), the economic circumstances of each spouse, the length of the marriage, any interruption of one spouse’s career or education, and one spouse’s contribution to the other’s career or education.
Other factors include whether it is desirable to keep an asset such as a business intact and free from the other spouse’s involvement, whether a parent should keep the marital home for the couple’s minor children, and whether either spouse intentionally wasted, dissipated, or depleted marital assets, for example within the 2 years before filing.
Common misunderstandings
A frequent misconception is that whoever’s name is on a deed, account, or title automatically owns that property in the divorce. That is not how it works. Title alone does not determine whether property is marital or non-marital; the court looks at when and how the asset was acquired.
The law in this area continues to be refined. As of 2026, a 2024 amendment to section 61.075 clarified the treatment of certain assets, including a marital interest in a closely held business and how interspousal gifts of real property are designated. Reading this guide does not create an attorney-client relationship. For advice about your own situation, speak with a licensed Florida attorney.
Common questions
Does equitable distribution mean a 50/50 split?
Not exactly. Under section 61.075, the court starts from the premise of an equal split but can order an unequal division when the statutory factors justify it. Equitable means fair, not automatically equal.
What is the difference between marital and non-marital property?
Non-marital property is set apart for each spouse, while assets and debts acquired during the marriage are presumed marital under section 61.075. That presumption can be rebutted with evidence.
If an account is only in my name, is it still marital?
Possibly. Whose name is on a title or account does not by itself determine whether the property is marital. The court looks at when and how it was acquired.
Can one spouse be penalized for wasting money?
Yes. Intentional dissipation, waste, or depletion of marital assets, such as in the 2 years before filing, is a factor a court can weigh toward an unequal division under section 61.075(1).