There’s a bit of wiggle room in the division, and if the couples can agree on certain items being split, the entire process can go much more smoothly. There will always be property worth fighting over, though. Case in point:

What happens to big-ticket items like houses and cars?

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With houses, the value is almost always taken into account along with the other community property, so if one person ends up with the house, the other person is awarded other items of commensurate value. One of the big exceptions to this rule is if one parent is granted sole custody of children, in which case they tend to get the marital house as well. This is not always the case, though, and certainly not the only exception to the rule either.

For things like cars, it actually gets a bit more complicated.

Generally, the rule is, if the item was owned by one person before the marriage, it’s not community property (there are always exceptions). However, if one vehicle was purchased and shared by both spouses, even if only one person’s name is on the title, then it will usually be considered community property, and the dollar value of that vehicle will be included in the property division determination. Sometimes, it can even be possible to argue that a vehicle one spouse owned before the marriage turned in to community property while in the marriage. This could be due to the couple carpooling to work, or the other spouse selling their preexisting car in order to consolidate, etc.

It’s worth mentioning that the split of all these possessions can be agreed upon by the spouses, but if no amicable agreement can be reached, this is how the court system will treat a property division case.

Cars are a borderline-necessity in this day and age (especially in Florida), so make sure that you think about what is likely to happen to your marital vehicles should you be facing divorce. Even if your name has never been on the title, you may still be able to claim ownership of it. Be sure to talk to a skilled attorney if you have any questions.

Florida law states that the division is usually an equitable division between the individuals. Equitable can be equal, as in a 50/50 split, but it is mostly a judge’s choice to determine what a fair split of the property based on certain factors such as:

• Each individuals’ personal financial situation
• The length of duration of the marriage
• Each spouse’s contribution to the marriage, economic and otherwise
• Contribution to, or interruption of career or education by the spouse(s)
• Liabilities by either spouse that may affect marital assets.

The court must determine how feasible dividing property is, for example a business started during the marriage could be considered a marital asset but how do you divide a business? In these cases, the court might often award the business to the operating spouse and can award a compensatory cash amount for the other spouse.

But What About Non-Marital Property?

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Assets (and debt) owned by the individuals from before the marriage, acquired as a gift (not by the other spouse), or acquired through inheritance are not usually subject to division in a divorce. It sounds cut and dry, but often it is not. For example, a separate property that has appreciated in value is not likely to be subject to division but the value gained during the marriage can be considered a marital asset and can be divided.

Marital and Separate properties can be mixed together, and it happens often unintentionally. Spouses can often divide this property rationally, but if not a judge will have to decide whether “commingled property” (as it is called) was a gift to the marriage and whether the original owner should be reimbursed, and to what degree.

Once the property has been defined, that is what is a marital asset and what is not a marital asset, it is then up to the court to assign value to the properties. A professional appraiser can be hired to evaluate the assets, and often a financial professional such as an actuary or CPA is called in to sort through complex assets such as investment profiles or retirement accounts.

Ultimately, this is usually only required if the spouses cannot come to amicable property agreements privately. If the spouses can come to an arrange that satisfies both parties without taking it to court, then they are likely to not be required to go through this arbitration. However, when a divorce becomes contentious, it can help to hire an experienced divorce lawyer.