- Florida is an equitable distribution state that doesn’t require 50/50 marital property division upon divorce.
- Marital assets are subject to equitable distribution, but separate property is not.
- Out-of-court settlement agreements can give divorcing couples more control over the division of property in a Florida divorce.
Is Florida a 50/50 divorce state? No, it’s an equitable distribution state, which means couples split up their marital assets in a way deemed fair by the presiding court. The division may or may not be 50/50. Work with an Orlando property division attorney at O’Mara Law Group to protect your rights during the equitable distribution process.
When people get married, they sometimes assume that they will have completely equal rights to marital property in the event of a divorce. However, this is not the case in equitable distribution states, including Florida.
The legal team at O’Mara Law Group can make sure you are well-represented in your divorce proceedings so that your marital assets are divided in a manner that is truly fair and equitable. Call (407) 634-6604 or reach out online to schedule your free, confidential consultation.
What Is Marital Property?
In Florida, marital property includes all assets acquired during a marriage, including the value and appreciation of nonmarital assets. Further, when you get a divorce in Florida, all marital assets are subject to “equitable distribution.” Common marital assets include:
- Joint bank accounts
- Homes you purchased together during the marriage
- Vehicles purchased during marriage
- Businesses
- Investment accounts
- Retirement accounts
- Artwork
- Antiques
- Real estate
One exception to the equitable distribution rule applies to inheritances. If an inheritance is left to one spouse, it will typically remain that beneficiary’s separate property. On the other hand, there are times when it could convert to marital property, such as when it’s commingled in a joint bank account.
We work with divorcing couples to determine how they want to divide their property in uncontested divorces. Our Orlando divorce attorneys can also help if your divorce is contested, ensuring that you understand your full rights and that your interests are protected.
Is Florida a Community Property State?
No. Because Florida is an equitable distribution state, each party won’t be automatically entitled to 50 percent of the marital estate during property division. However, courts do start out all cases with the general premise that the distribution of marital assets should be equal. It is then up to the contesting parties to justify an unequal distribution based on relevant factors.
In many cases, working out a settlement agreement outside of court is possible if you and your spouse can agree on how you want to divide your assets. Before doing so, however, you need to identify and disclose all marital assets. Anything not qualifying as a marital asset will fall under the “separate property” category and remain in the respective owner’s possession.
Our Orlando property division lawyers will guide you as we work through settlement talks. If necessary, we can also argue your case before a judge.
How Long Do You Have to Be Married to Get Half of Everything in Florida?
The length of time you’re married to your spouse can impact your divorce in Florida, but it won’t guarantee that you get half of everything. While a judge will consider the length of marriage when determining how to divide your assets and if you or your spouse should receive alimony, every case is different.
Typically, the best-case scenario—and the one that gives you the most control over the outcome of your case—involves negotiating a settlement agreement outside of court. However, it’s still necessary to work with an experienced lawyer to protect your interests, especially if you have extensive or complex assets.
By working with our Orlando property division attorneys, you can rest assured that your case will be handled by seasoned professionals dedicated to providing high-quality legal services. We will consider all the factors that may impact your case to achieve an optimal result.
Factors in Dividing Property in Florida
Florida judges will consider various factors when determining how to divide marital property. Some factors judges use to make their determinations include:
- Financial contributions each spouse made to the marriage
- Contributions each spouse made as a homemaker
- How long the marriage lasted
- Whether either spouse experienced an interruption in their career or education
- Contributions one spouse made to the other’s education or career
- Whether either spouse intentionally wasted marital assets
- Economic circumstances of the parties
- Shared interests in a business or professional practice
- Desire of one party to retain the marital home, especially if it's in the best interests of a child
- Specific requests to retain certain assets
- Shared debts and liabilities
Our divorce attorneys at O’Mara Law Group have the skills and experience needed to thoroughly evaluate the full circumstances of your case to ensure all relevant factors are considered.
What Are My Rights as a Woman in a Florida Divorce?
Though restrictive gender norms have steadily given way over the years, our firm is sensitive to the fact that women may be at a strategic disadvantage when resolving a divorce if they do not have primary access to financial accounts, business records, and the like. No matter the circumstances, our women’s divorce attorneys are here to help you secure a just outcome in your case.
Rely on an Orlando Property Division Attorney From the O’Mara Law Group
You may be considering working with your spouse to come up with a divorce settlement agreement on your own. However, it’s always a good idea to have an experienced divorce attorney on your side to ensure your rights and interests are fully accounted for.
When you work with O’Mara Law Group, you’re in good hands. With decades of combined experience, our compassionate attorneys can help you navigate the legal waters of your Florida divorce. Schedule a free consultation today to learn more about property division in an Orlando divorce.
Our Attorneys
- Mark M. O'Mara has worked in the Central Florida legal community since 1982. Once a prosecutor for the State Attorney's office in Seminole County, he is now one of only a few attorneys in the state who is Board Certified in Criminal Trial Law and Marital/Family Law. He is also a Supreme Court Certified Family Mediator and Circuit Civil Mediator, and he has a certification in Collaborative Law.
- Mark Rabinowitz has been Board Certified in Marital and Family Law since 1999 and handles cases involving child custody, alimony, prenuptial and post-marital agreements, equitable distribution, and more. He served on the Marital and Family Law Certification Committee of The Florida Bar and as a member of the Family Law Rules Committee, showing his commitment to helping families in Florida.
- Bert W. Barclay has practiced in Central Florida for over 35 years and is known for his compassionate approach to legal cases. He has worked in family law since 1987.
