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How is property divided in Florida?

When you file for divorce or legal separation in Florida, you may be forced to negotiate a wide-range of topics with your spouse. One of the most difficult may be that of property division. It can be hard separating all of the marital property and assets that you have accumulated during the time you were married. Florida is an equitable distribution of property state, meaning that the judge presiding over the case will determine who is entitled to what based on what he or she deems fair and equitable. You may want to try to negotiate the terms of the divorce settlement before the case is given to a judge.

Only marital property is eligible for division in a divorce case. This includes basic items, such as the family home, cars, furniture and shared assets. It also includes less common items, such as lottery winnings, income tax refunds, intellectual property, expensive collections, travel miles, golf and country club memberships and term life insurance policies. If you or your spouse lent money to a third-party during the course of the marriage, both are entitled to half once that money is paid back.

Not all property is considered marital. Some items may be separate and not divided during the divorce. This includes gifts given to either spouse by a third party, and money or property that either party had prior to the marriage. If the title of the property was changed to include the name of the other spouse, the property becomes marital.

This information is intended to educate and should not be taken as legal advice.

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Law Office of Philip J. Schipani
1605 Main Street, Suite 608
Sarasota, FL 34236

Phone: 941-549-8981
Fax: 941-366-7331