How Property Division Works in Florida Divorces: Protecting What Matters Most
Divorce doesn’t just end a relationship — it also requires the careful division of everything you’ve built together. From homes and vehicles to savings accounts and businesses, property division is often one of the most complex and emotional parts of the divorce process.
At Bickman Law, we understand that every asset embodies effort, cherished memories, and security. That’s why our approach to property division focuses on protecting what matters most — your financial stability and your future. With over 15 years of trial experience, our Miami-based firm helps clients understand Florida’s equitable distribution laws and ensures that their interests are fully represented every step of the way.
Understanding Florida’s Approach to Property Division
Florida follows a system called “equitable distribution.” This means that when a couple divorces, marital property is divided fairly — not necessarily equally. In other words, 50/50 isn’t automatic. The court looks at multiple factors to determine what’s equitable based on the circumstances of both spouses.
The goal of equitable distribution is fairness, not symmetry. The court considers contributions to the marriage (both financial and non-financial), the duration of the relationship, and the overall economic picture before making a decision.
Step 1: Identifying Marital vs. Non-Marital Property
Before anything can be divided, it’s essential to determine what actually qualifies as marital property.
Marital Property Includes:
- Income earned by either spouse during the marriage.
- Real estate purchased during the marriage.
- Retirement accounts, pensions, and investment growth accumulated while married.
- Vehicles, jewelry, and household items acquired together.
- Debts incurred jointly (such as mortgages, loans, or credit cards).
Non-Marital Property Includes:
- Assets owned by one spouse before the marriage.
- Inheritances or gifts given to one spouse individually.
- Income derived from non-marital assets (if kept separate).
- Certain assets are defined as non-marital in a prenuptial or postnuptial agreement.
However, things can get complicated when marital and non-marital assets become commingled — for example, when one spouse deposits inherited funds into a joint bank account or uses personal funds to pay for a shared home.
At Bickman Law, we help clients untangle these complex asset structures. Through careful documentation and expert financial analysis, we ensure that each asset is classified adequately before negotiations begin.
Step 2: Valuing Marital Assets
Once the property is identified, it must be accurately valued. This can involve appraisals, financial statements, and professional evaluations, especially for:
- Real estate (primary homes, investment properties, vacation homes)
- Businesses or professional practices
- Retirement plans or pensions
- Collectibles or art
The goal is to determine the fair market value of each asset. Even seemingly straightforward items, such as vehicles or personal belongings, can spark disagreement without a precise valuation.
Our firm collaborates with appraisers, accountants, and valuation experts to ensure that all marital assets are adequately assessed — so that you get what you are genuinely entitled to.
Step 3: Considering Equitable Distribution Factors
Florida Statute §61.075 outlines the specific factors that courts must consider when dividing property. The main ones include:
- The duration of the marriage.
- Longer marriages often lead to a more equal division of assets.
- Each spouse’s economic circumstances.
- Courts consider current and future earning potential, financial needs, and the ability to rebuild after divorce.
- Contributions to the marriage.
- This includes both financial support and non-financial roles, like homemaking or child-rearing.
- Interruption of careers or education.
- If one spouse paused their career to support the other or raise children, this is considered in asset distribution.
- Intentional waste or dissipation of marital assets.
- If a spouse recklessly spends or hides money during separation, the court may award a greater share to the other spouse.
- Desirability of retaining certain assets intact.
- For example, keeping a family home for the benefit of minor children.
Every case is unique, which is why Bickman Law takes a personalized approach — analyzing your lifestyle, goals, and long-term financial needs to build a strategy that makes sense for you.
Step 4: Dividing the Family Home
For many couples, the family home is their most significant and most emotionally charged asset. Whether it’s kept, sold, or refinanced depends on several factors:
- Can one spouse afford the mortgage and upkeep alone?
- Do children still live in the home?
- Is it financially feasible to sell and divide the proceeds?
Courts often prefer that the home be sold and the profits split. However, in some cases, one spouse may be allowed to keep the house in exchange for giving up other assets of equal value.
Our firm has helped countless clients in Miami negotiate creative solutions — such as deferred sales, refinancing, or buyout options — to preserve financial balance while respecting family needs.
Step 5: Handling Retirement Accounts and Investments
Retirement accounts are often overlooked in divorce, yet they can be some of the most valuable assets. In Florida, the marital portion of a 401(k), IRA, pension, or stock portfolio is subject to equitable distribution.
To divide these assets properly, a Qualified Domestic Relations Order (QDRO) is typically required. This court order ensures that retirement funds are split without triggering early withdrawal penalties or tax liabilities.
At Bickman Law, we work closely with financial professionals to structure these divisions strategically, minimizing tax exposure and ensuring compliance with all federal and state regulations.
Step 6: Managing Debts and Liabilities
Equitable distribution doesn’t just apply to assets — it also covers debts. Both spouses share responsibility for marital debt, such as:
- Mortgages
- Car loans
- Credit card balances
- Medical bills
- Business loans
Even if only one spouse’s name appears on the account, if the debt benefited the marriage, it may still be considered a joint responsibility.
We protect our clients by carefully reviewing all financial records, ensuring that no one is unfairly burdened with hidden or excessive debt.
Step 7: Business Ownership and Professional Practices
Dividing a business during divorce requires exceptional precision. Whether it’s a family-owned company, medical practice, or consulting firm, valuation and ownership issues can become contentious quickly.
Courts typically consider:
- When the business was established.
- How much did it grow during the marriage?
- The degree to which each spouse contributed to its success.
Options may include selling the business, one spouse buying out the other, or continuing joint ownership under specific terms.
Our legal team has extensive experience representing professionals, entrepreneurs, and business owners in complex property division cases. We collaborate with forensic accountants to ensure transparency and fairness.
Step 8: The Role of Prenuptial and Postnuptial Agreements
If you and your spouse signed a prenuptial or postnuptial agreement, it will play a key role in property division.
These agreements can outline how assets and debts should be divided if the marriage ends. As long as they meet legal standards — such as full disclosure and fairness — Florida courts will typically enforce them.
Attorney Joshua Bickman has extensive experience drafting, reviewing, and enforcing these agreements. Whether you’re seeking to uphold or challenge one, our firm will ensure your position is legally sound and strategically presented.
Step 9: Tax Implications and Long-Term Planning
Property division isn’t just about who gets what today — it’s also about the tax impact tomorrow. Certain assets, like retirement accounts or real estate, carry future tax liabilities that can significantly affect your financial outcome.
For instance:
- Selling a home may trigger capital gains taxes.
- Transferring investment assets can affect tax basis.
- Alimony and support payments have specific IRS reporting requirements.
We help clients evaluate the long-term consequences of every decision so that post-divorce life is financially stable and sustainable.
Step 10: When Property Division Becomes a Dispute
Unfortunately, not all couples can agree on how to divide their property. When negotiations break down, the case proceeds to trial, where a judge makes the final decision.
During litigation, each side presents evidence about asset values, contributions, and financial behavior. The judge then issues a Final Judgment of Equitable Distribution that legally binds both parties.
At Bickman Law, we prepare every case as if it were going to trial — even when our goal is settlement. This ensures that our clients are protected, informed, and ready for any outcome.
Protecting What’s Yours
Divorce is as much about securing your financial future as it is about closing one chapter of your life. With the right guidance, you can protect your assets, maintain stability, and move forward with confidence.
At Bickman Law, we combine deep legal knowledge with strategic negotiation skills to help clients achieve fair, lasting results in their property division cases. Whether your situation involves complex business interests, international assets, or simply a family home, we stand by your side with integrity and experience.
Why Choose Bickman Law
- Experience That Matters: Over 15 years of trial and negotiation success in Florida family courts.
- Tailored Strategies: Every client receives a personalized property division plan aligned with their goals.
- Proven Results: From amicable settlements to high-stakes litigation, our firm consistently protects client interests.
- Compassionate Representation: We understand the personal and emotional weight behind every asset.
When your future is on the line, you need more than just legal advice — you need a team that fights for what’s rightfully yours.
Schedule a Confidential Consultation
If you’re considering divorce or are already in the middle of one, it’s never too early to understand your property rights. Speak directly with Attorney Joshua Bickman to learn how Florida’s equitable distribution laws apply to your unique situation.
Call (305) 409-3636 today or fill out our online form to schedule a confidential consultation. Let us help you protect your property, your finances, and your future.