Property Division in Divorce – Equitable Distribution in FL

Protecting What You’ve Earned Starts Here

Dividing property during divorce isn’t just about spreadsheets—it’s about your home, your savings, your future. We help ensure the process is fair, legally sound, and tailored to your unique situation.

Overview of Equitable Distribution

How Florida Law Handles Property Division

Florida follows the principle of equitable distribution, meaning marital property and debts are divided fairly—but not always equally. The court starts from the assumption of a 50/50 split but can adjust based on several statutory factors.

• Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title or account.
  
• Separate property includes assets owned before the marriage, inheritances, or gifts specifically given to one spouse, as long as they weren’t commingled.
  

Understanding what’s marital vs. separate is critical to ensuring a fair outcome—and it’s not always straightforward.

Factors Considered by the Court

More Than Just Numbers

When deciding how to divide marital property, Florida courts consider a wide range of factors, including:

• Length of the marriage
  
• Contributions of each spouse (including as homemaker or caretaker)
  
• Economic circumstances of each party
  
• Interruption of personal careers or education
  
• Desirability of retaining certain assets, like a business or family home
  
• Any intentional dissipation or hiding of assets
  
• Whether one spouse wants to keep the marital home for a child’s stability

Each case is fact-specific. We make sure your contributions are recognized and your needs are clearly presented to the court.

Common Assets in Divorce

What Gets Divided, and How

We help clients navigate division of a wide range of property and financial interests, including:

• Marital home – Often the most emotionally and financially significant asset. One party may keep it or it may be sold.
  
• Bank accounts – Including checking, savings, and joint accounts.
  
• Retirement accounts – 401(k)s, IRAs, and pensions may require a QDRO to divide.
  
• Vehicles – Cars, boats, motorcycles, and recreational vehicles.
  
• Investments – Brokerage accounts, stock portfolios, or cryptocurrency holdings.
  
• Business interests – Partnerships, LLCs, or sole proprietorships.
  
• Debts – Mortgages, credit card balances, loans, and tax obligations.

We take a comprehensive look at both assets and liabilities to help ensure an equitable resolution.

Handling Complex Assets

Businesses, LLCs, Trusts, and More

Divorces involving closely held businesses, real estate portfolios, or investment-heavy estates require an extra level of financial analysis. Kathleen Davies works with experienced valuation experts and forensic accountants to ensure every asset is properly classified and accurately valued.

If a trust, LLC, or concealed asset is involved, we know how to trace ownership and bring it into the conversation. This is where precision matters most—particularly in high-asset divorce cases.

Property Division and Alimony

How Financial Awards Interact

While property division and spousal support (alimony) are technically separate issues, they often influence one another. For example, a larger share of marital property awarded to one spouse might reduce the need—or justify the denial—of ongoing alimony.

We analyze the entire financial picture to advocate for the best possible arrangement across both areas.

Avoiding Conflict Through Mediation

Fair Doesn’t Always Mean Fighting

Many property division issues can be resolved outside of court. Mediation and negotiation often save time, money, and emotional energy—especially when both spouses want a clean break.



That said, we don’t hesitate to litigate when fairness is on the line. Kathleen Davies has the courtroom experience to protect your interests if a peaceful agreement isn’t possible.