Property Division Attorneys

Florida is an equitable distribution state, not a community property state. That means the court starts with a presumption that marital assets and debts should be divided roughly equally between the spouses, then adjusts the split based on what the facts actually show. Done right, equitable distribution rewards the contributions each spouse made and accounts for anything one side did to drain the estate. Done poorly, it can leave one spouse with years of financial fallout. Our family law attorneys help spouses across Volusia, Flagler, and Central Florida get the division right the first time. Call us at (386) 255-1400 to discuss your case.

Marital property versus non-marital property

Before a Florida court divides anything, it has to sort the estate into two categories under Fla. Stat. § 61.075(6):

• Marital property generally includes assets and debts acquired by either spouse during the marriage, the income produced by non-marital assets, and the appreciation of non-marital assets when marital effort or marital money contributed to it.
• Non-marital property generally includes assets owned before the marriage, gifts and inheritances to one spouse alone, and anything the parties agreed in writing would stay non-marital.

The classification matters because only marital property is divided. Non-marital property stays with the spouse who owns it, but the lines are not always clean. Commingling a non-marital bank account into a joint account, using marital income to pay down a pre-marriage mortgage, or running a "separate" business with marital effort can convert non-marital property into marital property, in whole or in part. Sorting that out is often where contested property division cases are actually won and lost.

Assets and debts we handle

Equitable distribution in Florida divides everything from everyday assets to sophisticated business holdings. Our attorneys regularly handle:

High-asset divorces and business owners

For Florida business owners, divorce can carry real implications for the company. A spouse with no day-to-day involvement may still have an equitable interest in the business's value, which can force a valuation, a buy-out, or, in rare cases, sale. Our attorneys regularly work with forensic accountants and business valuation experts to handle:

• Valuations of closely held companies and professional practices
• LLC, S-corp, and sole-proprietorship divisions
• Stock and stock-option awards, including unvested grants
• Tax-efficient structures for splitting the marital estate
• Allocation of business debts and contingent liabilities
• Tracing of hidden assets and dissipated marital funds

The goal is to protect the operating side of the business while making sure the non-owner spouse receives the share the marriage actually contributed to.

Property division is the part of divorce that follows you

Alimony and child support can be modified later if the facts change. Equitable distribution is generally final the day the judgment is signed. Getting the classification, valuation, and split right at the outset is what keeps a divorce from haunting the financial side of your life for the next decade.