Learn Center · Marital vs. nonmarital, and who ends up with what

Property Division (Equitable Distribution)

Florida uses equitable distribution, not community property: the court starts from an equal split of marital assets and liabilities and can vary it for statutory reasons with written findings.

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Step one is classification: marital property (generally what was acquired during the marriage) versus nonmarital (premarital assets, gifts, inheritances kept separate). Commingling and appreciation of nonmarital assets during the marriage are the classic complications.

Businesses, professional practices, intellectual property, and crypto need valuation — this is where appraisers and forensic accountants earn their fees, and where attorney review is strongly recommended.

Valid premarital or postnuptial agreements (§ 61.079) can control the outcome. Debts are part of distribution too — and creditors are not bound by who the judgment says must pay.

Attorney-review note: Business valuation, hidden assets, and QDRO mechanics are attorney/expert territory.

Frequently asked — Florida answers

Is Florida a 50/50 state?

The statute begins with the premise that distribution should be equal, but courts may order unequal distribution based on statutory factors with written findings (§ 61.075). Equal is the starting point, not a guarantee.

Is my retirement account split in a divorce?

The marital portion (contributions and growth during the marriage) is generally subject to distribution (§ 61.076). Dividing a 401(k) or pension typically requires a QDRO or similar instrument after judgment — a technical step worth attorney involvement.

What about property we owned before marriage?

Premarital assets are generally nonmarital, but appreciation caused by marital labor or funds, and commingling, can convert value into the marital estate. Documentation of source and timing decides these fights.

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