Is Florida a 50/50 Divorce State?

Dividing assets in a divorce is one of the most contentious aspects of the process, and disputes over what each spouse is entitled to receive can arise. Some people believe that Florida follows a strict 50/50 division of marital property, but this is a misconception. 

Florida follows the principle of equitable distribution, which does not always mean an even split. Instead, the court aims to divide assets in a fair and just manner based on a variety of factors. For high net worth or complex divorce cases, you should get representation from a skilled and proven Florida divorce lawyer.

Equitable Distribution of Property in a Florida Divorce

Florida law does not require a strict 50/50 split of marital assets and debts. Instead, the court follows equitable distribution under Florida Statutes § 61.075, which means that marital property is divided in a way that is deemed fair, though not necessarily equal.

The court starts by assuming that an equal distribution is appropriate, but judges have the discretion to adjust the division based on various factors. This ensures that one spouse does not suffer undue financial hardship while the other benefits disproportionately.

What Is Considered Marital Property?

Before dividing property in Florida divorce proceedings, the court must determine what qualifies as marital property and what remains separate property.

Marital Property: Includes assets and debts acquired during the marriage, regardless of whose name is on the title. Examples include:

• Income earned by either spouse
• Real estate purchased during the marriage
• Retirement accounts and pensions accrued during the marriage
• Business or professional practice interests acquired while married
• Vehicles, investments, and personal property bought with marital funds

Non-Marital (Separate) Property: Includes assets and debts that remain with the individual spouse. Examples include:

• Property owned by one spouse before marriage
• Inheritances or gifts received individually during the marriage
• Assets designated as separate through a valid prenuptial or postnuptial agreement
• Personal injury settlements explicitly awarded for pain and suffering

If a spouse’s separate property becomes commingled with marital assets—such as depositing an inheritance into a joint bank account—it may be considered marital property.

Factors That Influence the Division of Assets

Florida courts consider several factors to determine how property should be distributed fairly. Under Florida Statutes § 61.075(1), the following factors can impact the division:

• Duration of the Marriage: Longer marriages usually result in more evenly distributed assets, while shorter marriages may lead to a division that reflects individual contributions.
• Economic Circumstances of Each Spouse: If one spouse has significantly greater earning potential or financial stability, the other may receive a larger share of marital assets.
• Contributions to the Marriage: Courts consider both financial contributions (such as income) and non-financial contributions (such as homemaking, childcare, and supporting a spouse’s career).
• Interruption of Career or Education: If one spouse contributed by way of sacrificing their career or education opportunities to support the family, the court may award them a more significant share of assets.
• Intentional Waste or Dissipation of Assets: If one spouse recklessly spends or depletes valuable marital property (e.g., gambling or extravagant purchases), the court may adjust the distribution in favor of the other spouse.
• Custodial Responsibilities for Minor Children: To provide stability, a parent who has primary custody of minor children may receive a more significant portion of assets, such as the marital home.
• Any Other Factors the Court Deems Relevant: Judges have broad discretion to consider other circumstances unique to each case.

Division of Debts in a Florida Divorce

Just as assets are divided, marital debts are also subject to equitable distribution. Marital debts include:

• Mortgages
• Credit card balances incurred during the marriage
• Car loans
• Business loans
• Student loans (if taken out during the marriage for the benefit of both spouses)

The court will assess which spouse is in a better financial position to handle certain debts and may allocate responsibility accordingly. If one spouse incurred significant debt without the other’s knowledge (such as secret credit card charges), the court may assign that debt solely to the responsible party.

Can Spouses Reach Their Agreement?

Yes. Florida encourages divorcing couples to reach settlement agreements rather than relying on court intervention. Spouses can negotiate the division of assets through mediation or collaborative divorce, which can save time, money, and emotional distress. Once both parties agree, the court will review the settlement to ensure it is fair and complies with Florida law.

Does Equitable Distribution Affect Alimony?

The way assets and debts are divided in a Florida divorce can directly impact alimony (spousal support) determinations. If one spouse receives a significant portion of marital assets, the court may award less alimony. Conversely, if a spouse gets fewer assets, they may be granted higher alimony payments to maintain financial stability.

Common Misconceptions About Property Division in Florida

Florida is a “Community Property” State

False. Unlike some other states, which follow community property laws requiring a 50/50 split, Florida applies equitable distribution, allowing for a fair but not necessarily equal division.

Only Income Earned During Marriage is Considered

False. Non-financial contributions, such as homemaking and child-rearing, are also factored into the division of assets.

If the House is in My Name, I Get to Keep It

Not necessarily. If the home was purchased during the marriage using marital funds, it is considered marital property and subject to division.

Hidden Assets Are Impossible to Find

Not true. Courts can order forensic accountants to investigate if a spouse is suspected of hiding assets.

Steps Our Florida Divorce Attorneys Will Take to Uphold Your Financial Interests in a Property Division 

At Veliz Katz Law, our Florida divorce attorneys will follow a strategic plan to ensure your financial interests are safeguarded during property division negotiations. 

Comprehensive Case Evaluation and Financial Assessment

Our first step is to conduct a detailed evaluation of your financial situation, ensuring that all assets and liabilities are accounted for. This includes:

• Reviewing all financial documents such as tax returns, pay stubs, investment portfolios, and business records.
• Identifying and distinguishing between marital and non-marital assets to ensure you retain what is rightfully yours.
• Assessing any prenuptial agreement or a postnup that may impact property division under Florida divorce laws.

By thoroughly understanding your financial landscape, we can develop a legal strategy that aligns with your long-term financial goals.

Identify and Value Assets Accurately

One of the key aspects of property division is determining the actual value of all marital assets. Our legal team will:

• Work with financial experts and forensic accountants to appraise real estate, businesses, and other high-value assets.
• Ensure accurate valuation of retirement accounts, pensions, stock options, and other complex financial instruments.
• Investigate whether your spouse has undervalued or concealed assets to gain an unfair advantage.

A precise valuation ensures that you receive your fair share of marital assets and are not shortchanged.

Discover Hidden Assets and Financial Misconduct

In some divorce cases, one spouse may attempt to hide assets, manipulate financial records, or dissipate marital funds. To combat this, our attorneys will:

• Conduct in-depth discovery procedures, including subpoenas and depositions, to uncover undisclosed financial information.
• Utilize forensic accountants to trace suspicious transactions and identify hidden offshore accounts or undervalued business interests.
• Present compelling evidence in court if financial misconduct is discovered, ensuring that you receive an equitable settlement.

Our proactive approach prevents financial deception from compromising your rightful share of the marital estate.

Negotiate a Favorable Property Settlement Agreement

Whenever possible, we strive to resolve property division matters through negotiation, avoiding the stress and expense of litigation. Our negotiation strategy includes:

• Advocating for your financial interests while ensuring a fair and legally sound division of assets and debts.
• Crafting creative settlement solutions that account for future financial stability, including buyouts, asset swaps, or structured settlements.
• Ensuring that tax implications of property division are considered so you do not face unexpected financial burdens post-divorce.

By reaching a mutually beneficial agreement, we help clients move forward with confidence and financial security.

Litigation and Court Representation, if Necessary

If negotiations fail, our trial-tested attorneys are prepared to represent you in court aggressively. During litigation, we will:

• Present clear and compelling legal arguments backed by financial evidence.
• Challenge unfair asset valuations or attempts to shift liabilities onto you.
• Advocate for adjustments based on factors such as the length of the marriage, each spouse’s contributions, and future financial needs.

Our litigation strategy ensures that your financial interests are vigorously protected before the judge.

Assist with a Smooth Post-Divorce Financial Transition

Beyond securing a fair property division, we assist clients in restructuring their financial future post-divorce. Our support includes:

• Ensuring compliance with property division agreements and enforcement if a spouse fails to comply.
• Advising on estate planning updates, including wills and beneficiary designations.
• Guiding clients through financial planning strategies to rebuild their economic independence.

A well-executed legal strategy not only protects your assets today but also secures your long-term financial well-being.

Get Legal Help from Our Dedicated Florida Divorce Attorneys 

At Veliz Katz Law, our Florida divorce attorneys understand the high stakes involved in property division. If you are contemplating or facing a divorce, get our experienced legal team on your side to protect your financial interests. To schedule your free consultation, call us at 407-634-1835 or contact us online.