When facing divorce in Florida, one of the most critical concerns for couples is how their assets and debts will be divided. Many people assume that Florida follows a strict 50/50 property division rule, but that is not entirely accurate. Instead, Florida follows an “equitable distribution” model, which means that marital property is divided fairly—but not always equally. If you are going through a divorce in Kissimmee, working with an experienced Kissimmee Divorce Attorney can help you understand your rights and ensure a fair outcome.

What Is Equitable Distribution?

Equitable distribution is the legal framework Florida courts use to divide assets and debts in a divorce. Unlike community property states, where assets are automatically split 50/50, Florida courts consider various factors to determine what is fair for each party. The goal is to reach a division that reflects both spouses’ financial and personal circumstances rather than simply cutting everything in half.

Marital vs. Non-Marital Property

Before dividing property, the court must determine which assets are considered marital property and which are separate (non-marital) property.

• Marital Property: Includes assets and debts acquired by either spouse during the marriage, such as real estate, bank accounts, retirement funds, vehicles, businesses, and liabilities.
• Non-Marital Property: Includes assets and debts that one spouse owned before the marriage or received individually as a gift or inheritance. These are typically not subject to division unless they were mixed with marital assets.

A skilled Kissimmee Divorce Attorney can help you determine which of your assets fall under marital or non-marital classification and advocate for your best interests.

Factors Courts Consider When Dividing Property

When determining how to divide marital assets and debts equitably, Florida courts evaluate several factors, including:

1. Each Spouse’s Contribution to the Marriage – This includes financial contributions, homemaking, child-rearing, and career sacrifices made to support the family.
2. Economic Circumstances of Each Party – The court looks at each spouse’s financial situation, including income, assets, and earning capacity.
3. Duration of the Marriage – Longer marriages often lead to more complex property division considerations, especially regarding retirement benefits and long-term financial support.
4. Interruption of Career or Education – If one spouse gave up career advancement or education opportunities to support the other or raise children, this is considered in the division.
5. Contributions to the Other Spouse’s Career or Education – If one spouse supported the other’s education or professional growth, that contribution is factored into property division.
6. Desirability of Keeping Certain Assets Intact – Courts may consider whether certain assets, such as a family business or home, should remain with one spouse for practical reasons.
7. Intentional Waste of Marital Assets – If one spouse has recklessly spent or intentionally wasted marital assets, this could impact how property is divided.
8. Custodial Responsibilities for Minor Children – If one spouse has primary custody of the children, the court may award them certain assets, such as the marital home, to maintain stability for the children.
9. Any Other Factor Necessary for Fairness – Courts have broad discretion to consider additional factors that may be relevant in ensuring a fair distribution.

Can Spouses Decide on Property Division Without Court Involvement?

Yes. Spouses can negotiate a property division agreement outside of court, which is often a more efficient and less stressful approach. Mediation or collaborative divorce processes can help both parties reach a fair resolution without litigation. However, if an agreement cannot be reached, the court will step in and make the final decision. Having a knowledgeable Kissimmee Divorce Attorney can help you navigate negotiations and protect your financial interests.

Handling Complex Assets in Property Division

For couples with significant or complex assets, such as businesses, real estate investments, retirement accounts, or high-value personal property, property division can become even more complicated. Expert financial professionals, forensic accountants, and experienced divorce attorneys can help ensure proper valuation and fair distribution.

What About Debt Division?

Just as assets are divided equitably, so are debts. This includes mortgages, credit card debt, car loans, student loans, and other liabilities. Courts consider who incurred the debt, why it was incurred, and each spouse’s ability to repay it. If one spouse was reckless with financial decisions or accumulated debt irresponsibly, the court may adjust the division accordingly.

Protecting Your Financial Future

Divorce is not just an emotional process—it’s also a financial one. The way assets and debts are divided will significantly impact your financial future. Whether you are negotiating a fair settlement or facing a contested court battle, having a trusted Kissimmee Divorce Attorney on your side can make all the difference.

Final Thoughts

While many assume Florida follows a strict 50/50 rule in property division, the reality is that courts prioritize fairness over an equal split. Understanding Florida’s equitable distribution model and the factors that impact asset division can help you navigate your divorce with confidence. If you are going through a divorce in Kissimmee and need guidance, consulting an experienced Kissimmee Divorce Attorney is essential to protect your rights and secure the best possible outcome.

For personalized legal assistance, contact Nicole Burns today to discuss your case and explore your options for a fair property division in your divorce.