In Florida, the law says that all property must be divided equally and fairly between a divorcing couple. Couples who can’t divide help on their own may get help from an attorney to negotiate a settlement. Sometimes when a division can not be agreed upon the issue will be resolved by a judge in court. Because dividing property equally is not always fair, a judge may decide how to fairly the divide property based on several circumstances and relevant factors.
property division in a divorce

Considerations for dividing property

Marital vs nonmarital property

Only marital assets that were purchased while the couple was married are divided in a divorce. It is also Florida law that funds acquired while married, such as retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs, will be divided in a divorce.

Nonmarital property is property that was acquired before the couple got married. It can also include:

Assessing the value of your property

Once all of the property is split up between marital and nonmarital property, the couple or the court will assign a monetary value to each asset. Sometimes an appraiser will be hired to determine the value of the items.

Dividing the property between the couple

After the value of the property is determined, it can be divided up between the couple. Debts and bills are also fairly divided between the couple.