What You Need to Know About Property Division in Florida

Part of the divorce process is the division of property.

The Florida court will consider the following factors in making a division of property award, including:

  1. The contribution by each spouse, including contributions to the care and education of the children and services as homemaker.
  2. The economic circumstances of the parties.
  3. The duration of the marriage.
  4. Any interruption of personal careers or educational opportunities of either party.
  5. The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  6. The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
  7. The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.
  8. The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party.
  9. The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
  10. Any other factors necessary to provide equity and justice between the parties. (Florida Statutes – Chapters: 61.075 and 61.077)

Parra Harris Law will help you navigate these complex issues and help fight for your rights and your property. Contact us today for a confidential consultation.

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Division of Assets & Liabilities in Florida FAQs

What is "equitable distribution" in a Florida divorce?

Florida is an equitable distribution state, governed by Florida Statute § 61.075. This means the court does not automatically split assets 50/50. Instead, the court begins with the premise that distribution should be equal, but may adjust that division to achieve a result that is “fair” based on the specific circumstances of your marriage.

What is the difference between marital and non-marital property?

Understanding this distinction is the foundation of any property division strategy:

  • Marital Assets & Liabilities: Generally, any assets acquired or liabilities incurred by either spouse during the marriage—regardless of whose name is on the title—are presumed to be marital.
  • Non-Marital Property: Assets or debts acquired before the marriage, as well as assets acquired individually through inheritance or non-interspousal gifts, are typically excluded from division.

Can my "separate" property ever become marital property in Florida?

Yes. Even if you owned an asset before marriage, it can be “commingled” or “enhanced” by marital efforts. For example:

  • Commingling: If you deposit inheritance funds into a joint bank account used for daily expenses, those funds may lose their non-marital status.
  • Enhancement: If you owned a home before marriage but used marital income to pay down the mortgage or fund renovations, the “appreciation” in the home’s value during the marriage may be considered a marital asset under Florida Statute § 61.075.

How does the court decide what is "fair" for division of assets?

Under Florida Statute § 61.075, the court considers several factors to determine a fair distribution, including:

  • The contribution of each spouse to the marriage, including contributions as a homemaker.
  • The economic circumstances of each party.
  • The duration of the marriage.
  • Any intentional waste, depletion, or destruction of marital assets by either spouse.
  • The desirability of retaining the marital home as a residence for dependent children.

What happens to the marital home during division of assets?

The marital home is often the most significant asset. The court may award the home to one spouse, order it to be sold and the proceeds split, or allow one spouse to remain in the home for a set period (often to provide stability for minor children). If one spouse keeps the home, they often must “buy out” the other’s share of the equity or trade it for other assets of equal value, such as a retirement account.

How are debts divided in a Florida divorce?

Just as assets are divided, so are liabilities. This includes mortgages, credit card debt, student loans, and tax obligations. Under Florida Statute § 61.075, the court allocates these debts fairly. It is important to note that a divorce decree is a court order between spouses, but it does not necessarily release you from your contractual obligations to creditors. We often assist clients in ensuring that debts are refinanced or paid off to protect their credit scores.

What if my spouse hides assets?

Intentionally hiding or dissipating assets is a violation of the court’s requirements for full financial disclosure. If we suspect a spouse is hiding property, we utilize forensic accounting and the formal discovery process to uncover the truth. Under the law, the court may compensate the “innocent” spouse for any assets that were intentionally wasted or depleted (Florida Statute § 61.075).

Do I need an attorney to divide my property?

Because property division has lifelong financial consequences, “DIY” divorces often lead to costly oversights. An attorney at Parra Harris Law ensures:

  • Accurate Valuation: We work with experts to value businesses, professional practices, and complex investments.
  • Tax Efficiency: We help you understand the tax implications of transferring assets, such as potential capital gains taxes or early withdrawal penalties on retirement accounts.
  • Strategic Allocation: We build a case that prioritizes the assets most important to your long-term stability.