Is Property Divided Equally in a Divorce?

A divorce is a complicated event. It ends a marriage, which is never easy to do. Even if you have only been married for a few years, you still need to deal with the various elements, including property division.

Property division laws vary from state to state. Florida recognizes equitable distribution laws. Equitable means fair but not necessarily equal. Florida is not a community property state, but the parties could still split marital assets 50/50. But it could be some other split as well, such as 60/40 or 70/30.

Also, only marital assets are split in a divorce. This refers to assets acquired during the marriage. There are a couple of exceptions, though, such as inheritances, gifts to one spouse, and anything outlined in a prenuptial agreement. Anything that the spouses had before marriage is considered nonmarital or separate assets and is not split in a divorce.

How is Property Split?

Property division in a Florida divorce is based on the following factors:

• The contribution each spouse made to the marriage. This includes earning money, raising children, or being a homemaker.
• The economic circumstances of each party. How much does each person earn?
• The marriage’s duration. A longer-lasting marriage may result in more equality in terms of property division.
• Interruptions to the educational opportunities or careers of either party. Did one sacrifice their future goals for the other spouse?
• Contributions from one spouse to the other’s educational opportunities or career. Did one spouse pay for education or training for the other spouse?
• One party’s desire for a particular asset. Does one person want the marital home, car, or some other asset, and the other spouse does not? Then they may be entitled to it.
• The benefit of one spouse remaining in the marital home to raise a child. Courts try to make decisions that are in the best interest of the child. Staying in a stable environment is preferred.
• Each party’s contribution to shared income and assets. Were both spouses working and contributing to the household income? If so, what percentage?
• Any intentional wasting or destruction of marital assets. Did one spouse purposely waste money on gambling or large purchases after the divorce petition was filed? Did one spouse cheat and spend marital assets on their affair partner?

Contact Our West Palm Beach Divorce Lawyer Today

Property is divided fairly and equitably in a Florida divorce. Depending on the circumstances, it may be an equal split, but Florida is not a community property state, so the division could vary.

Learn more from West Palm Beach divorce attorney Brian K. McMahon, P.A. We understand that divorce can involve tough situations, such as property division. Schedule a consultation today by calling (561) 658-1789 or filling out the online form. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.