Property division is one of the most important—and often most stressful—parts of any divorce. Whether you’ve been married for two years or twenty, figuring out who keeps the house, how to divide savings accounts, and what happens to shared assets can feel overwhelming without clear guidance.
For couples in Kissimmee, property settlements follow Florida’s statewide rules, but how those rules apply depends heavily on your assets, your circumstances, and how well you and your spouse can work through negotiation. Burns Family Law created this guide to help you understand exactly how property division works in a Florida divorce so you can approach the process with clarity and confidence.
Florida Uses “Equitable Distribution,” Not 50/50 Splits
A common misconception is that Florida automatically divides everything 50/50. That’s not accurate. Florida uses a system called equitable distribution, which means property is divided fairly—not necessarily equally.
A judge may divide assets 50/50, but they may also award more or less to either spouse based on the specific facts of the case.
Factors that influence distribution include:
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Duration of the marriage
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Each spouse’s economic circumstances
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Contributions to the marriage (financial and non-financial)
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Interruption of careers or education
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Homemaker contributions
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Waste, misuse, or dissipation of marital assets
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Any intentional hiding or improper depletion of assets
The goal is fairness—not simple math.
What Counts as Marital Property?
Before assets can be divided, they must be classified as either marital property or non-marital (separate) property.
Marital Property Includes:
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Income earned during the marriage
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Homes purchased during the marriage
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Vehicles, furniture, appliances, and personal property
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Retirement accounts and pensions accumulated while married
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Business interests created or grown during the marriage
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Joint bank accounts and savings
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Debts incurred during the marriage
These assets and debts are subject to division.
Non-Marital Property Includes:
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Assets acquired before the marriage
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Inheritances given to one spouse alone
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Gifts given to one spouse individually
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Personal injury settlements (with exceptions)
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Property defined as separate in a prenuptial/postnuptial agreement
However, non-marital property can become marital property if it becomes mixed (“commingled”) with marital finances or used for marital purposes.
The Family Home: Often the Most Difficult Asset
Couples in Kissimmee often struggle the most with deciding what to do with the marital home. Florida law provides several possible outcomes:
1. One spouse keeps the home.
The spouse keeping the home typically must “buy out” the other’s share or offset it by giving up other assets.
2. The home is sold.
Proceeds are divided based on equitable distribution.
3. A deferred sale.
A judge may allow the children to stay in the home temporarily, delaying the sale until a future date.
Which option makes sense depends on income, children, mortgage terms, and whether maintaining the home is financially realistic.
Burns Family Law helps clients evaluate each possibility and determine the smartest path forward.
Retirement Accounts, Pensions, and 401(k)s
Many couples underestimate the importance—and complexity—of dividing retirement accounts.
Assets such as:
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401(k)s
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IRAs
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Pensions
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Military retirement
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Deferred compensation plans
are often divided using a special court order called a QDRO (Qualified Domestic Relations Order). These accounts are marital to the extent they were earned during the marriage.
Failing to value or divide retirement assets correctly can lead to major financial losses later, which is why legal guidance is essential.
Business Ownership and Self-Employment Assets
If you or your spouse own a business in Kissimmee, property division becomes more complex.
Considerations include:
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Business valuation
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Goodwill (business reputation/value beyond physical assets)
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Ownership shares
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Contributions by either spouse
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Whether the business is marital, non-marital, or mixed
Even if one spouse never worked in the business, they may still have a legal right to part of its value if it grew during the marriage.
Burns Family Law works with forensic accountants and valuation professionals to ensure accurate assessments.
How Debts Are Divided
Property settlements aren’t only about assets—marital debts must also be divided, including:
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Mortgages
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Credit card debt
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Personal loans
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Auto loans
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Medical bills
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Business debts
Florida divides debts the same way it divides assets: equitably. If one spouse racked up debt irresponsibly or without the other’s knowledge, the court may assign that debt to the responsible spouse.
When Misconduct Affects Property Settlements
Florida is a no-fault divorce state, meaning affairs, arguments, or general marital problems do not directly affect property division. However, certain forms of misconduct can influence the settlement.
Examples include:
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Hiding assets
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Draining joint accounts
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Excessive spending before the divorce
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Gambling losses
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Substance abuse that causes financial harm
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Giving away marital property to avoid sharing it
If a spouse intentionally wastes marital assets, the court may compensate the other spouse with a larger share.
Mediation vs. Litigation: How Most Kissimmee Property Settlements Are Reached
Most couples settle property issues through mediation, which allows them to reach their own agreement instead of letting a judge decide.
Benefits of mediation include:
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Faster outcomes
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Lower cost than trial
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More control over the final agreement
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Reduced conflict
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Better long-term cooperation
If mediation fails, the case proceeds to litigation, where a judge makes the final decision. Burns Family Law has extensive experience representing clients in both settings.
Documentation You’ll Need for a Property Settlement
Property division relies heavily on accurate financial disclosure. Couples must exchange documents such as:
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Tax returns
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Pay stubs
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Bank statements
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Credit card history
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Retirement account statements
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Mortgage and loan documents
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Business financials
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Property appraisals
Complete disclosure is mandatory under Florida law.
Why Legal Guidance Matters
Property settlements define your financial future. Without the right representation, you risk:
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Giving up assets you’re entitled to
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Taking on unfair debt
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Losing part of a pension or retirement plan
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Miscalculating property value
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Being pressured into an unfavorable agreement
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Overlooking assets your spouse has hidden
Burns Family Law helps clients understand their rights, evaluate their assets, and pursue a settlement that keeps their long-term financial stability front and center.
Final Thoughts
Property settlements in a Kissimmee divorce involve far more than dividing belongings. From homes and retirement accounts to debts and business interests, each decision affects your financial life for years to come.
Understanding Florida’s equitable distribution laws—and having the right legal advocate—makes the process clearer, fairer, and far less stressful.
If you’re going through a divorce in Kissimmee or preparing to start the process, Burns Family Law is here to guide you through every step with clarity, strategy, and trusted expertise.
Contact Burns Family Law today to schedule a consultation and protect your financial future.
