
The division of marital assets and debts is often the most financially consequential aspect of a Florida divorce. From the marital home and retirement accounts to business interests and investment portfolios, every asset and every debt must be identified, valued, and distributed equitably. ‘Equitably’ under Florida law means fairly — not necessarily 50/50 — and the process requires a thorough understanding of both the law and complex financial matters.
Grace Law PA represents clients throughout Orlando and Central Florida in asset division matters, ensuring that marital property is properly identified, accurately valued, and fairly distributed.
Under Florida Statute §61.075, all marital assets and liabilities are subject to equitable distribution. Marital assets include assets acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property — assets owned before the marriage or received as a gift or inheritance — is generally excluded, unless it became commingled with marital property.
Courts start with the presumption that equal distribution is appropriate, but can deviate based on factors such as the length of the marriage, each spouse’s economic circumstances, contributions to the marriage (including homemaking and child-rearing), the desirability of retaining the marital home for a parent with custody, intentional dissipation of marital assets, and the desirability of retaining a business as an intact unit.
No. Florida is an equitable distribution state, not a community property state. Assets are divided fairly, not automatically 50/50.
Common outcomes include one spouse buying out the other’s interest, selling the home and splitting the proceeds, or in cases involving minor children, one parent being allowed to remain in the home temporarily until the children reach a certain age.
Attempting to hide assets is illegal and can result in serious sanctions from the court, including an unequal distribution in favor of the other spouse. Grace Law PA uses financial discovery tools and forensic accounting experts to uncover hidden assets.
Retirement accounts accumulated during the marriage are marital property. Division requires a Qualified Domestic Relations Order (QDRO) for most employer-sponsored plans, which must be drafted carefully to avoid tax penalties.
If you are facing this situation in Orlando or Central Florida, do not wait. Attorney Grace Flores offers free consultations and fights for the results you deserve — in English and Spanish.
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