Navigating Property Division in Divorce Proceedings
Divorce is never easy. It's emotionally charged, often overwhelming, and involves decisions that can affect you for years to come. Few issues bring as much uncertainty or stress as dividing shared property.
The process can feel deeply personal and, at times, frustrating, especially when assets have been built over years of hard work, shared dreams, and life together. If you’re going through a divorce in Florida, you may be wondering how your assets will be divided and what your financial life will look like once everything is finalized.
As a FL divorce lawyer, I work with clients in Orlando, West Palm Beach, and the surrounding areas to help them approach these decisions with confidence. My goal is to guide clients through the process with a steady hand and a clear strategy, all while keeping their future financial health in focus.
If you’re facing a divorce and don’t know where to start with property division, reach out to my firm today. I'm here to help.
Florida’s Property Division Laws
Florida follows the principle of equitable distribution, which means that marital property is divided in a way that is considered fair—not necessarily equal. The court looks at several factors when determining what each spouse should receive.
It’s important to note that equitable doesn’t always mean a 50/50 split. Instead, judges consider the full picture—everything from financial contributions and non-monetary support to future economic opportunities and debts.
Some of the key points of Florida’s property division rules include:
Only marital property is divided: Assets acquired during the marriage, regardless of whose name is on the title, are generally considered marital property.
Separate property is excluded: Anything owned by one spouse prior to the marriage or acquired through inheritance or gift (to just one spouse) typically remains with that individual.
Debts are also split: Just like assets, marital debts are also divided between spouses.
Whether you're dealing with shared bank accounts, a family home, or a business, having a clear understanding of how these laws apply to your situation is critical to protecting your interests.
Differentiating Between Marital and Non-Marital Property
Before anything can be divided, both parties must determine what belongs to the marital estate and what doesn't. This classification is one of the most critical—and often disputed—parts of the property division process.
Marital property may include:
Income earned by either spouse during the marriage
Real estate acquired together during the marriage
Retirement accounts and pensions accumulated during the marriage
Debts acquired jointly, including mortgages and credit cards
Businesses started or expanded during the marriage
Non-marital property may include:
Property owned by either spouse before the marriage
Gifts or inheritances received individually
Personal injury settlements awarded to one spouse
Property explicitly excluded through a prenuptial or postnuptial agreement
Even when something begins as separate property, it can become marital property through a process called commingling. For example, if one spouse owned a home before marriage but later added the other to the deed or used marital funds for renovations, that asset might be considered jointly owned.
Taking the time to properly identify and value each asset can prevent disputes and lead to a more efficient resolution.
Dealing With High-Value or Unique Assets
In many divorces, it’s not just about who gets the furniture or the car—it’s about dividing investments, businesses, and other high-stake assets that don’t always come with a clear dollar value.
These types of assets require special attention and often involve professionals such as appraisers, forensic accountants, or valuation professionals. If you're in this situation, it's important to approach these issues with a strategic and informed mindset.
Some examples of assets that need extra care include:
Family-owned businesses or professional practices
Investment portfolios and retirement plans
Stock options or restricted stock units (RSUs)
Vacation homes or rental properties
Intellectual property and royalties
Crypto assets or digital investments
Each of these assets requires careful evaluation to determine not just their current value, but also their potential for future growth or income. It's not uncommon for one party to want to retain ownership of a particular asset, like a business, in exchange for giving up claims to other property.
I work with clients to pursue solutions that reflect their goals—whether that means selling and splitting proceeds, buying out the other spouse’s share, or negotiating alternative arrangements.
Hidden Assets and Financial Transparency
Transparency is essential in divorce proceedings. Unfortunately, not every spouse is upfront about what they own or owe during property division. In some cases, one party may try to hide assets to avoid sharing them.
There are several red flags that might indicate assets are being concealed:
Sudden changes in financial behavior or missing documentation
Unexplained withdrawals or transfers from joint accounts
Businesses showing reduced income or manipulated expenses
Newly discovered accounts or investments
If you suspect your spouse is hiding money or underreporting assets, there are legal tools available to uncover the truth. Forensic accounting and formal discovery procedures can help bring these matters to light.
When the financial playing field isn't level, I know what to look for and how to respond effectively on your behalf.
Valuing Property Accurately
Once everything is identified and disclosed, each asset needs to be properly valued. This can be straightforward for some items, like a checking account, but much more complicated for others.
Valuation methods vary depending on the asset:
Real estate: Typically assessed by a certified appraiser
Businesses: Evaluated based on income, assets, market comparisons, and more
Retirement accounts: Measured by current value and potential tax implications
Personal property: Often valued based on resale or replacement value
It’s also critical to decide the valuation date. For some items, value may be assessed as of the date of separation, the date of filing, or another agreed-upon date.
Getting these numbers right is key to reaching a fair outcome. Once values are established, I work with clients to begin discussing potential distributions that align with their long-term goals.
Strategies for Property Division
Every divorce is different, and so are the ways property can be split. What works for one couple might not work for another. That’s why flexibility and open communication—through your attorney—can make all the difference.
Some common strategies I explore with clients include:
Equalization payments: One spouse keeps more of the physical assets while making a cash payment to the other
Buyouts: One party keeps a business or property and compensates the other for their share
Sell and split: Liquidating assets like a house and dividing the proceeds
Offsetting assets: Each spouse keeps certain assets of similar value instead of splitting everything
Choosing the right approach often depends on your goals, financial needs, and whether you're willing to compromise. I help clients consider all options to protect their interests while moving forward with confidence.
Contact an Experienced Divorce Lawyer
At Marquez Law, I’ve helped individuals in Orlando, West Palm Beach, and throughout Central and South Florida—including Orange County, Osceola County, Seminole County, Palm Beach County, and Broward County—make smart, informed decisions about their future.
Whether you're dealing with retirement accounts, real estate, or business assets, I’m here to support you every step of the way.
My job is to help protect what you’ve worked hard for and help you plan the next chapter of your life with confidence and clarity. If you're preparing for divorce or already in the middle of it, reach out to me today.
