Florida Divorce Property Division: Common Mistakes With Marital and Non-Marital Assets

Splitting up property in a divorce can get messy fast. Many people think the court just divides everything straight down the middle, but that’s not really how it works in Florida. Here, judges follow a principle called equitable distribution. First, they determine which assets are marital property and which are not.

That difference, what’s “marital” versus “non-marital,” is where conflicts often arise. If you don’t understand the rules, you can make costly mistakes, and that can affect how much you walk away with.

How Equitable Distribution Works in Florida

Under Florida’s equitable distribution law, the court considers all assets and debts before dividing them between spouses. In general, anything acquired during the marriage counts as marital property. It doesn’t matter whose name is on the title. Non-marital property is usually anything you owned before you got married, plus inheritances or gifts that just one spouse received, or anything specifically kept separate by a prenup or postnup.

However, things are not always that straightforward. It can get tricky when assets mix or when you use something jointly during the marriage. You might start with a separate asset and, over time, end up with something the court treats as partly marital.

When Inheritances Lose Their Separate Status

People often assume inherited money or property always stays separate during a divorce. That’s not always true. An inheritance might start off separate, but certain actions can turn it into a marital asset without you even realizing it.

For example, if you deposit inherited money into a joint account and then spend from that account for household bills, tracking what’s what becomes challenging. In the eyes of the court, it may look like you meant for the inheritance to benefit both of you.

Premarital Homes Can Get Complicated

Did you own a house before getting married? Usually, the value of a home at the time of the wedding is considered non-marital property. However, if you use marital money to pay the mortgage or fix the house with joint funds, anything gained from those efforts may become marital property.

Business Ownership and Divorce

Privately owned businesses are another common source of conflict during divorce. You might think a business belongs only to the spouse who owns it, but if it grew during the marriage, both spouses can have a stake, even if only one person operated it. If marital funds or labor contribute to the company’s growth, any increase in its value during your marriage usually becomes marital property.

Retirement Accounts

Retirement savings can be among the largest assets in a divorce. But they aren’t always 100% marital property. What you saved up before getting married stays yours. What you (or your spouse) added during the marriage, and any growth from that, is typically marital property.

That’s why it’s important to have statements from the time you got married, so you can separate what was yours from the start versus what you built together.

Don’t Forget About Debt

It’s not all about dividing assets. Debts matter just as much, and they can be shared even if just one name is on the paperwork. Even if a credit card or loan is in only one spouse’s name, it may still be treated as marital debt if the money was used for shared expenses or family needs.

Contact Us for Legal Help

If you have questions about property division in a Florida divorce, contact an experienced Orlando divorce lawyer at The Arwani Law Firm today.