How Is Marital Property Divided in a Florida Divorce? Is It Always 50/50?
Dividing property during a divorce can be one of the most emotional and confusing parts of the process. In Florida, the law provides for “equitable distribution,” meaning marital assets and debts are divided fairly, but not always equally. While a 50/50 split is common, the court can award more to one spouse depending on the circumstances. Marital property includes anything acquired during the marriage, from homes and cars to bank accounts and debt. Separate property, like gifts, inheritances, or assets owned before the marriage, usually stays with the original owner, unless it has been mixed with marital funds.
So, what could tip the scales away from an even split? Florida courts consider a range of factors: the length of the marriage, each spouse’s financial situation, contributions to the household (both financial and non-financial), and even whether one spouse intentionally wasted or hid assets. In short, the goal is fairness, not necessarily equality. That means one spouse might end up with more or less, especially if special needs or unique circumstances are at play.
The good news is that spouses don’t have to leave these decisions to a judge. Many litigants reach a mutual agreement through mediation based on their individual sense of fairness. The court is almost always willing to ratify a private agreement on distribution of marital property. This can save time and avoid the stress and cost of contested hearings and trial.
The best starting point for a negotiated compromise is understanding how the law would apply the facts in your case and how a judge would likely decide issues. A skilled attorney who is knowledgeable in divorce law, procedure, and local practice can inform you and let you know your options – and help you get to an agreeable settlement more quickly. Every divorce is different, but understanding Florida’s rules can help you prepare, protect your rights, and move forward with confidence.
Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.
