Florida is an equitable distributionstate, not a community property state. “Equitable” means fair — not necessarily equal. Under Florida Statutes §61.075, judges start from the presumption that a 50/50 split is fair, then adjust based on statutory factors. In practice, most divorcing couples end up with roughly equal distributions, but the exceptions matter — and they can swing the outcome by hundreds of thousands of dollars.
Marital vs. Non-Marital Property
Only marital property is subject to equitable distribution. Distinguishing marital from non-marital is the most fundamental step in any Florida divorce and is often where the real battle happens.
- Marital property— assets and debts acquired during the marriage, regardless of whose name is on the title. The paycheck you earned during the marriage is marital. The house you bought together is marital, even if only one spouse is on the deed.
- Non-marital property— assets owned before the marriage, inheritances received individually, gifts to one spouse (not from the other spouse), and assets excluded by a valid prenuptial or postnuptial agreement. Non-marital property stays with the spouse who owns it.
- Commingled property— non-marital property that has been mixed with marital property (inheritance deposited into a joint account, premarital house retitled jointly) often becomes marital. This is fact-intensive and frequently contested.
- Enhanced non-marital property— if marital efforts or funds increased the value of non-marital property (for example, your spouse's premarital business grew during the marriage), the increase in value may be marital even though the underlying asset is not.
Factors the Court Considers
To justify an unequal distribution, the court looks at:
- Contributions to the marriage, including homemaking and child care
- Economic circumstances of each spouse
- The duration of the marriage
- Career or educational interruptions by either spouse
- Contributions to the acquisition, enhancement, or production of income from marital or non-marital assets
- Desirability of retaining the marital home for minor children
- Desirability of retaining an asset intact — a business, a professional practice
- Intentional dissipation, waste, or destruction of marital assets within 2 years before filing or during the case
Dividing Common Assets
The Marital Home
Most couples cannot afford to keep the home on one income, so the home is often sold and proceeds divided. When one spouse wants to keep it, they typically must refinance the mortgage into their sole name and buy the other spouse out of their equity share.
Retirement Accounts
401(k)s, 403(b)s, traditional pensions, and most IRAs are “qualified plans” that require a Qualified Domestic Relations Order (QDRO) to divide. The QDRO is a separate court order prepared after the final judgment. Only the portion of the account that accrued during the marriage is marital.
Businesses
Family businesses, professional practices, and ownership interests in LLCs must be valued before they can be divided. A neutral forensic accountant typically prepares a valuation based on earnings, assets, and comparable sales. Enterprise goodwill is usually marital; personal goodwill may or may not be, depending on the facts.
Stock Options & RSUs
Unvested equity grants are treated differently depending on whether they are deferred compensation for past work (marital) or incentive for future work (non-marital). The Florida “time rule” fraction is commonly used to apportion partially-vested grants.
Debts
Marital debt is divided alongside marital assets. A court's order divides responsibility between the spouses, but the creditors are not bound — if a spouse stops paying, the other spouse can still be pursued by the creditor and may have to seek contempt or contribution after the fact.
Valuation Dates
Florida courts have discretion to choose the valuation date. Typically, the valuation date is the date of filing, but for liquid investments it is often the date closest to trial. This matters when markets move significantly between filing and final judgment.
Prenuptial & Postnuptial Agreements
A valid prenuptial agreement (or postnuptial) can override Florida's equitable-distribution rules and specify exactly how assets and debts will be divided. An enforceable agreement requires full financial disclosure, independent counsel, and substantive fairness.
Mediation and Settlement
Most property-division issues resolve in mediation rather than trial. Judges in Jacksonville expect parties to try mediation first, and a well-prepared mediation usually produces a better outcome than letting a judge decide — because you keep control of the specific trade-offs.
How I Can Help
Property division in a high-asset Florida divorce is where experience pays off. I have spent more than 25 years handling equitable distribution for Jacksonville clients, including complex estates involving businesses, QDROs, pre-marital property, and out-of-state assets. Call 904-858-4334 or contact me online.