Does Florida split everything 50/50 in divorce?

Equal division is the starting point, but a judge can deviate based on contributions, finances, marriage length, and wasteful spending.

Is an inheritance marital property?

Generally no, if it stays separate. Mixing it with marital funds or putting it in joint names can turn it into marital property.

Does it matter whose name is on the account?

No. Property acquired during the marriage is presumed marital regardless of whose name is on the title or account.

How are retirement accounts divided?

The portion earned during the marriage is marital. It is usually divided through a court order that allows the plan to transfer the share without penalties.

Can a prenup change how property is divided?

Yes. A valid prenuptial agreement can designate assets as nonmarital and control how property is divided.

Property Division in a Florida Divorce: Equitable Distribution Explained

What Equitable Distribution Means

Florida is an equitable distribution state. Under Florida Statutes section 61.075, a judge first sets apart each spouse's nonmarital assets and debts, then divides the marital assets and debts between the spouses. The court must start from the premise that the division should be equal, and then decide whether there is a justification for an unequal result.

Marital vs. Nonmarital Property

Nearly everything acquired by either spouse during the marriage is presumed to be marital, whether or not it is in both names. Nonmarital property generally includes:

Assets owned before the marriage
Gifts or inheritances received by one spouse from a third party
Assets excluded by a valid written agreement, such as a prenuptial agreement
Assets acquired in exchange for nonmarital property

Separate property can become marital if it is mixed with marital funds or if marital money or effort increases its value. A house bought before the wedding but paid down with joint income is a common example.

Is the Split Always 50/50?

No. Equal is the starting point, not a guarantee. A judge can order an unequal division after weighing factors such as:

Each spouse's contributions to the marriage, including homemaking and child care
The economic circumstances of each spouse
The length of the marriage
Any interruption of a spouse's career or education to support the family
Intentional waste or dissipation of marital assets

What Gets Divided

The marital pot can include the home, bank and investment accounts, vehicles, retirement accounts and pensions earned during the marriage, business interests, and debts such as credit cards and loans. Retirement accounts are usually divided with a court order that lets the plan transfer the share without tax penalties, so the paperwork matters as much as the percentage.

Valuation and Disclosure

Dividing property fairly requires knowing what it is worth. Both spouses must exchange a financial affidavit and supporting documents, generally within 45 days after the petition is served. Businesses, real estate, and retirement accounts often need an appraisal or an expert valuation.

The Marital Home

The home is often the largest asset. Options include one spouse buying out the other, selling and splitting the proceeds, or, in some cases involving children, delaying the sale. Which option works depends on the mortgage, the equity, and each spouse's income.

How We Can Help

We help spouses identify what is marital, document what is separate, and negotiate a fair settlement. Most property issues are resolved by agreement rather than at trial, and a well-drafted settlement is faster and cheaper than a contested hearing.