How Is Property Divided in a Florida Divorce?

Alyssa Vinson
Oct 9
3 min read

Updated: Oct 21

Two people write on clipboards at a table, next to a model house and keys. The mood is serious, suggesting a real estate agreement.

Going through a divorce can be emotionally draining—and figuring out who gets what often makes it even harder. If you're wondering how property is divided in a Florida divorce, you're not alone. It's one of the most common—and complicated—questions divorcing couples in Florida face.

The short answer? Florida uses equitable distribution laws. But there's much more to it than just splitting things “fairly.”

Let’s break it all down so you know what to expect—and how to protect your rights.

Florida’s Property Division Basics: What Does “Equitable” Really Mean?

Florida follows a principle called equitable distribution, which means that marital property will be divided in a way that the court deems fair, considering various factors. This doesn't necessarily mean a 50/50 split. Instead, the court looks at:

The court considers, among other factors:

The length of the marriage
Each spouse’s financial situation
Contributions to the marriage (including childcare or supporting a spouse’s career)
Whether either spouse wasted or hid marital assets
Future needs (such as primary custody of children)

So, in a Florida divorce, property division is based on fairness—not just math. However, the presumption is an equal 50/50 division, and is what occurs in most cases.

What Counts as Marital Property?

Before the court can divide anything, it has to determine what actually qualifies as marital property. Marital property is not determined by how the property is titled, but instead when it was purchased/incurred. Anything purchased or incurred from the date of marriage until you file for divorce, with limited exceptions, will be considered marital property.

Marital property includes, but is not limited to:

Income earned during the marriage
Real estate bought during the marriage
Bank accounts opened during the marriage and/or with marital money deposited therein
Retirement accounts funded while married
Debts taken out during the marriage

Non-marital property usually includes:

Assets you owned before the marriage
Gifts or inheritances specifically given to one spouse
Separate bank accounts that were never commingled

Here’s a tip: Even non-marital assets can become marital if they’re mixed with other marital funds, or you otherwise gift them to your spouse.

Two house-shaped keychains with split design on a wood surface, linked to silver keys. They're decorative with small window details.

Real Life Example: Who Gets the House?

One of the most emotional assets in a divorce is the family home. So who gets it?

If the house was purchased during the marriage, it’s usually marital property.
If one spouse owned it before the marriage but marital money paid the mortgage or was used to renovate it, things can get complicated.

In many cases, the spouse who ends up with primary custody of the kids may be awarded the home—but not always, especially now that there is a 50/50 timesharing presumption. It often depends on whether one party can afford to keep it or buy out the other’s share.

What Happens to Retirement Accounts, Debt, and Other Assets?

It’s not just about homes and cars. In a Florida divorce, the court also looks at:

401(k)s, IRAs, and pensions
Credit card debt and personal loans
Business ownership or investment accounts
Pets, art, and personal valuables

Retirement accounts earned during the marriage are typically split. The court may issue a Qualified Domestic Relations Order (QDRO) to divide them equitably to avoid certain early withdrawal penalties.

Tips for Dividing Property During Divorce in Florida

Document everything – Make a complete list of all assets and debts. Take note of when the asset were acquired (and with what funds), or when the debt was incurred.
Work with professionals – Consider hiring a financial advisor or forensic accountant for complex assets.
Try mediation – You may be able to avoid court by working out an agreement with your spouse.

Understanding the full scope of dividing property during divorce in Florida can be overwhelming. That’s why it’s crucial to have the right legal team guiding you every step of the way.

Let Vinson Law Firm Protect What Matters Most

At Vinson Law Firm, we know that divorce is about more than paperwork. It’s about your home, your finances, and your future. Our experienced family law team will help you navigate Florida’s equitable distribution laws and fight for a fair outcome.

We’re proud to serve clients throughout Tavares and Lake County, Florida, with trusted, compassionate legal support.