Dividing assets in a Florida divorce can be one of the most contentious parts of the process. Florida follows equitable distribution laws, which means that marital property is divided fairly—but not necessarily equally—between spouses. Understanding how these laws work and what factors influence property division can help you navigate the divorce process more effectively.
Whether you are seeking to protect your assets or ensure a fair share of marital property, consulting with an experienced Tampa divorce lawyer is essential. In this guide, we’ll explore how equitable distribution works, what factors courts consider, and how you can prepare for asset division during your divorce.
What Is Equitable Distribution?
Equitable distribution is the legal principle that governs how assets and debts are divided in a Florida divorce. Unlike community property states, which require a 50/50 split of marital assets, Florida courts divide assets in a way that is fair based on the circumstances of the marriage.
Key Principles of Equitable Distribution in Florida
- Marital property is divided fairly, not equally – Courts consider multiple factors to determine what is fair.
- Non-marital assets remain with the original owner – Property that was acquired before the marriage or through inheritance typically remains with the individual spouse.
- Debt is divided equitably as well – Just like assets, liabilities incurred during the marriage must be distributed fairly.
- Prenuptial and postnuptial agreements may impact distribution – Legally binding agreements can override standard equitable distribution rules.
Marital vs. Non-Marital Property
Before dividing assets, courts must determine whether they are marital or non-marital (separate) property.
Marital Property
Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Common examples include:
- The family home
- Joint bank accounts
- Retirement accounts (401(k), pensions, IRAs)
- Investments and stocks
- Vehicles, boats, and other major purchases
- Businesses started during the marriage
- Credit card debt accumulated while married
Non-Marital Property
Non-marital property belongs to only one spouse and is typically not subject to division. Examples include:
- Assets owned before the marriage
- Inheritances and gifts given to only one spouse
- Personal injury settlements (excluding lost wages)
- Property specified as separate in a prenuptial or postnuptial agreement
However, commingling assets—such as depositing an inheritance into a joint account—can cause a non-marital asset to become marital property, making it subject to division. A Tampa divorce lawyer can help determine whether certain assets should remain separate.
Factors Courts Consider When Dividing Assets
When deciding how to distribute assets, Florida courts consider a variety of factors, including:
1. Length of the Marriage
Longer marriages generally result in a more equal distribution of assets. Short-term marriages may lead to a more unequal division, especially if one spouse contributed significantly more financially.
2. Economic Circumstances of Each Spouse
The court examines each spouse’s financial stability and earning potential. If one spouse is financially dependent, they may receive a greater share of marital assets to ensure a fair outcome.
3. Contributions to the Marriage
Contributions include both financial and non-financial efforts, such as:
- Income earned during the marriage
- Contributions as a homemaker or caregiver
- Supporting a spouse’s education or career advancement
4. Child Custody and Housing Needs
If one parent has primary custody, they may be awarded the marital home to provide stability for the children. Courts often prioritize maintaining a stable home environment for minor children.
5. Dissipation of Assets
If one spouse intentionally wastes marital assets—such as gambling, fraud, or extravagant spending—courts may compensate the other spouse by awarding them a larger share of remaining assets.
6. Business Ownership
If one or both spouses own a business, its valuation and division become critical. Courts may award full ownership to one spouse while compensating the other with additional assets.
7. Liabilities and Debts
Just as assets are divided, debts incurred during the marriage—such as mortgages, car loans, and credit card balances—must also be distributed equitably.
Dividing Specific Assets in a Florida Divorce
The Family Home
The marital home is often one of the most valuable assets. Options for handling the home include:
- Selling the home and splitting the proceeds
- One spouse buying out the other’s share
- Delaying the sale until children reach adulthood
If both spouses contributed equally, the home’s value is typically split 50/50. However, the court may award full ownership to one spouse based on financial needs and custody arrangements.
Retirement Accounts and Pensions
Retirement funds earned during the marriage are subject to division. A Qualified Domestic Relations Order (QDRO) is typically required to divide 401(k) plans and pensions without tax penalties.
Business Interests
If a business was started or expanded during the marriage, courts may:
- Allow one spouse to buy out the other’s share
- Require the business to be sold and profits divided
- Continue joint ownership (less common)
Bank Accounts and Investments
Joint bank accounts and investments are typically divided based on the contributions of each spouse. However, a Tampa divorce lawyer can help ensure that hidden assets or financial misconduct are accounted for.
Debts and Liabilities
Debts incurred during the marriage are generally shared. However, if one spouse accrued excessive debt without the other’s knowledge, the court may allocate responsibility accordingly.
Protecting Your Assets in a Divorce
If you want to ensure a fair division of property, consider the following steps:
1. Gather Financial Records
Having a complete record of all assets, debts, and financial accounts is crucial. Obtain copies of:
- Bank statements
- Tax returns
- Mortgage and loan documents
- Retirement account statements
2. Avoid Commingling Assets
If you have separate property (such as an inheritance), keep it in a separate account to prevent it from being classified as marital property.
3. Watch for Hidden Assets
Some spouses attempt to hide assets during a divorce. If you suspect financial misconduct, a Tampa divorce lawyer can work with forensic accountants to uncover hidden assets.
4. Consider Mediation
Mediation allows couples to negotiate asset division outside of court, reducing conflict and legal costs.
5. Hire an Experienced Tampa Divorce Lawyer
A skilled attorney ensures that all assets are properly valued and that you receive a fair share of marital property.
Frequently Asked Questions
Does Florida require a 50/50 split of assets?
No. Florida follows equitable distribution, which means assets are divided fairly, but not necessarily equally.
How can I keep certain assets out of the divorce settlement?
Assets acquired before marriage, inheritances, and gifts can be excluded if they remain separate from marital finances.
Will my spouse get half of my retirement accounts?
Any retirement funds earned during the marriage are subject to division, but how they are split depends on negotiations and court rulings.
Can I stay in the house after the divorce?
If you have primary custody of children, the court may award you the home. Otherwise, the home may need to be sold or bought out.
What happens to debts in a divorce?
Marital debts are divided equitably. If one spouse accrued excessive debt irresponsibly, they may be assigned a larger share.
Do I need a lawyer for equitable distribution?
Yes. Asset division can be complex, and a Tampa divorce lawyer ensures that you receive a fair settlement while protecting your rights.
Final Thoughts
Understanding Florida’s equitable distribution laws is essential for anyone going through a divorce. The division of assets depends on multiple factors, including financial contributions, the length of the marriage, and each spouse’s economic situation. Working with an experienced Tampa divorce lawyer can help ensure that you receive a fair outcome and protect your financial future.
The McKinney Law Group: Helping Tampa Clients Through Divorce with Confidence
Divorce is one of the most challenging transitions in life, and having a knowledgeable attorney can make all the difference. At The McKinney Law Group, we provide compassionate yet aggressive representation for Tampa residents dealing with divorce.
Our services include:
✔ Property division and financial settlements
✔ Spousal support (alimony) agreements and disputes
✔ Child custody, support, and co-parenting plans
✔ Divorce for business owners and professionals
✔ Post-divorce modifications and enforcement
We tailor our legal strategy to meet your unique needs, ensuring the best possible outcome.
For trusted divorce legal services in Tampa, contact Damien McKinney at 813-428-3400 or email [email protected] today.