How Is Property Divided in a Florida Divorce?

How is property divided in a Florida divorce?

Dividing property follows clear rules in Florida, and most couples settle it by agreement. 50/50 is where the judge starts. Florida uses equitable distribution, meaning a fair split of marital assets and debts, and the law says the court must begin with the idea that this split should be equal. The judge can split things unequally only when there is a good reason.

Source: § 61.075(1), Florida Statutes (2026 text, checked October 2026). The statute says the court "must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors."

Only marital property gets divided. Nonmarital property, meaning property that belongs to one spouse alone, usually stays with that spouse.

What decides whether property is marital or separate?

Timing and how you treated the property decide it. These rules come from § 61.075, Florida Statutes:

• Cutoff date: Property counts as marital only if gained before the earliest of three dates: a valid separation agreement, a date the two of you set in writing, or the date the divorce petition (the paper that starts the case) was filed.
• The family home: A home owned as tenants by the entireties, a form of joint ownership only married couples can hold, is presumed to be marital.
• Separate property that grew: If marital money or effort made separate property worth more, that increase can be marital. Paying down the mortgage on a house one spouse owned before the marriage with marital money is one example.
• Value date: The judge picks the date each asset is valued. Different assets can be valued on different dates.

Warning: Mixing separate money into a joint account can turn it into marital property. Keep records that show where separate money came from.

When can a Florida judge split property unequally?

A judge can move away from 50/50 only for reasons listed in § 61.075(1), Florida Statutes. The judge must explain the reasons in the final order.

• Contributions: Each spouse's contributions to the marriage, including caring for children and keeping the home.
• Money situation: Each spouse's economic circumstances.
• Length of marriage: How long you were married.
• Career sacrifices: Whether one spouse put a career or schooling on hold.
• Helping the other spouse: Whether one spouse helped the other build a career or education.
• Family business: Whether one spouse needs to keep a business or other asset whole, free from the other spouse's claims.
• Family home: Whether a child should stay in the marital home.
• Wasted assets: Whether a spouse wasted or hid marital property on purpose, within two years before the petition was filed or after it.
• Anything else: Any other factor needed for fairness to both spouses.

What do you have to share before property is divided?

Both spouses must show their finances. Under Florida Family Law Rule of Procedure 12.285, each side gives the other a financial affidavit (a sworn list of income, assets and debts) plus records like tax returns and bank statements.

• Under $50,000 a year: Use the short form, Form 12.902(b).
• $50,000 or more a year: Use the long form, Form 12.902(c).

Deadline: Initial disclosure documents are due within 45 days after the other spouse is served with the divorce petition, under Rule 12.285. The parties cannot waive the financial affidavit.

If you have a business, a pension, a house with separate money in it or a spouse who may be hiding assets, a family law attorney can help you trace and value property. Start with our Divorce and Separation guides to learn the rest of the process.