Dividing Property in a Florida Divorce: What “Equitable” Really Means
- LaTerria Sherer
- Dec 9, 2025
- 2 min read
One of the biggest concerns people have when considering divorce is:“What will happen to my property, savings, and debt?”
Florida follows a system called equitable distribution. That means marital property is divided in a way that is fair—but not necessarily 50/50 in every case.
Understanding what “equitable” really means can help you prepare and protect yourself.
Marital vs. Non-Marital Property
Generally, marital property includes assets and debts acquired during the marriage, such as:
Income earned by either spouse during the marriage
Real estate purchased during the marriage
Retirement accounts and investments funded during the marriage
Debts, like credit cards and loans, taken on during the marriage
Non-marital property often includes:
Assets owned by one spouse before the marriage
Inheritances or gifts given to one spouse alone
Certain assets protected by a valid prenuptial or postnuptial agreement
Correctly identifying what is marital and what is non-marital is a crucial step in any divorce.
How Courts Decide What’s “Equitable”
In many cases, an equal (50/50) split of marital property is the starting point. However, courts can consider several factors that may justify a different division, such as:
The length of the marriage
Each spouse’s economic circumstances
Contributions to the marriage (including being a homemaker or raising children)
Whether either spouse wasted or intentionally depleted marital assets
Any other factor necessary to achieve a fair result
What’s important to understand is that equitable does not always mean exactly equal.
Why Documentation Matters
Clear financial records are essential in property division. Without documentation, it’s harder to:
Prove that something is non-marital
Show how much an asset is worth
Trace contributions to certain property
Gathering statements, deeds, account records, and other documents early can strengthen your position.
Agreements vs. Court Decisions
Many couples resolve property division through negotiation or mediation rather than a trial. This gives you more control over the outcome. If an agreement cannot be reached, a judge will decide based on the evidence and Florida law.
Either way, understanding how property division works empowers you to make informed choices.
Want a Clearer Overview of Your Rights?
We’ll be discussing property division as part of our upcoming free event:
Divorce Decoded: Protecting Your Rights & Assets
Saturday, December 13, 2025
10:00 a.m. – 12:00 p.m.
If you’re unsure what might happen to your home, savings, or debts in a divorce, this session is designed to help you understand your options.
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