When a marriage ends, one of the most emotional and confusing parts of divorce is dividing what you’ve built together. In Florida, property division follows a principle called equitable distribution — meaning the court divides assets and debts in a way that is fair, not necessarily equal.
Marital vs. Non-Marital Property: What’s the Difference?
Before anything can be divided, the court determines whether property (and debt) is marital or non-marital.
Marital Property
This includes nearly everything acquired during the marriage, such as:
- Paychecks earned by either spouse while married
- The family home, vehicles, vacation property, and bank accounts
- Retirement savings, investments, and business interests that grew during the marriage
- Debts, including credit cards, personal loans, and mortgages
It usually doesn’t matter whose name is on the title or account. If it was earned, bought, or accumulated during the marriage, it’s typically marital property.
Non-Marital Property
Some things belong solely to one spouse, including:
- Property owned before the marriage
- Gifts or inheritances given to one spouse (as long as they’re kept separate)
- Assets or debts listed as separate in a valid prenuptial or postnuptial agreement
- Debts incurred before marriage or those unrelated to the couple’s shared life
Be careful: once non-marital property is mixed with marital assets — for example, depositing inherited money into a joint bank account — it can become marital property.
How Florida Courts Divide Property
Florida courts start with the assumption that an equal split is fair, but judges can adjust that 50/50 division based on factors such as:
- Each spouse’s contribution to the marriage (income, childcare, homemaking, etc.)
- Whether one spouse gave up career or education opportunities for the family
- Any evidence of wasting, hiding, or depleting marital funds
- Each spouse’s financial circumstances after the divorce
- Whether one parent should remain in the marital home to care for minor children
Non-marital property stays with the spouse who owns it.
Retirement Accounts and Pensions
The portion of any retirement plan earned during the marriage is marital property, while the portion earned before marriage belongs to the individual spouse. Dividing these accounts often requires a Qualified Domestic Relations Order (QDRO) — something our attorneys routinely prepare to ensure compliance and fairness.
Dividing Debt
Debts are handled the same way as assets:
- Joint debts and family-related obligations are marital
- Debts from secret spending, gambling, or personal use may be assigned to the spouse who created them
Can We Decide Without the Court?
Yes. Couples can create their own property settlement agreement. If the agreement is fair and both parties fully disclose all assets and debts, the court will usually approve it — saving time, money, and stress.
Quick Reference Guide
| Type | Examples | Who Keeps It? |
|---|---|---|
| Marital Property/Debt | Income, home, vehicles, savings, credit cards from during marriage | Divided fairly (often 50/50) |
| Non-Marital Property/Debt | Assets owned before marriage, gifts, inheritances, separate loans | Retained by original owner |
Bottom Line
Florida’s goal isn’t to split everything down the middle — it’s to divide what was gained during the marriage in a way that’s fair and financially balanced.
At Hoffman, Larin & Agnetti, we’ve helped South Florida families navigate the complexities of property division for over 40 years. Whether you’re facing a high-asset divorce, trying to protect your retirement, or ensuring a fair share of the marital home, our experienced divorce attorneys will fight for the outcome you deserve.
Contact us today to schedule a confidential consultation and discover how we can help you safeguard your future.
Call us at @305-653-5555, Text us at @305-653-1515, Email us at [email protected], or complete this form, and one of our experienced family attorneys will contact you personally.
