How is property divided in a Florida divorce?

Florida follows the equitable distribution rule under Fla. Stat. § 61.075. All eligible marital assets are divided fairly between the spouses — the court begins from a presumption of equal division and may depart from it where the facts justify an uneven split.

When can a Florida court order an unequal split?

Five factors can lead a court to depart from equal division: the duration of the marriage, the financial position of each spouse, contributions each spouse made during the marriage, financial assistance from one spouse to further the other's career, and intentional waste or dissipation of marital property by either spouse.

What is the difference between marital and non-marital property?

Marital property is what the spouses acquire during the marriage and is subject to division. Non-marital property includes items like gifts and inheritances given to one spouse alone, which generally remain with that spouse. Non-marital property can lose its character through commingling — tracing the funds is how the attorney establishes what remains separate.

When does a case call for specialized property division experience?

Six categories signal the need for a lawyer who handles complex property work routinely: high-value marital estates, commercial or professional practices, multiple residential or commercial real estate holdings, retirement and pension funds, investment accounts and stock portfolios, and significant marital debt.

What if I suspect my spouse is hiding assets?

Florida divorces require both parties to complete full financial disclosure. When concealment is suspected, counsel engages forensic accountants and other financial experts to review bank statements, tax returns, credit card statements, business financials, investment statements, and real property ownership records. Under Fla. Stat. § 61.075, the court may consider willful destruction or concealment of property when ordering distribution.

How are retirement and investment accounts divided?

Retirement and investment accounts — IRAs, 401(k) plans, pensions, and brokerage portfolios — can be a significant share of the marital estate. Many employer pension plans require a Qualified Domestic Relations Order (QDRO) that meets both statutory and plan requirements to divide the benefit. The timing of withdrawals affects tax treatment, so the attorney should understand when a QDRO is needed and when to bring in a financial specialist.

What legal fees should I plan for?

Costs typically include the attorney's own fees (hourly, flat, or retainer), examination of financial records, business valuations, property valuations, forensic accounting, and court filing fees. Confirm each category and the billing structure before signing an engagement letter.

What should I use the first consultation for?

Four things: decide whether the attorney is the right fit, allow the attorney to collect the facts of the case, discuss likely challenges and the strategic framework, and clarify the fee structure and payment method.

Does a reasonable-sounding settlement always protect my finances?

Not always. Settlements that look fair on paper can create downstream financial problems — most commonly through unanticipated tax treatment on retirement account transfers, overvalued or undervalued business assets, or trading assets that carry cash-drain costs post-decree. Experienced counsel is there to spot the arrangements that produce real-world unequal outcomes.

Choosing a Property Division Lawyer in Florida

Posted by Constance D. Coleman,on 11/12/2026

Property division can be one of the most important issues in a divorce because how your assets are divided can significantly affect your financial future. Our attorneys are well-versed in all aspects of Florida equitable distribution law and can provide the guidance you need.

Experienced legal professionals at Coleman Law Group can help you achieve your desired result through trial or settlement. Your experienced attorney can determine what property you acquired during the marriage and work to divide it equally between the spouses. Knowing this can help you decide how to proceed financially.

An experienced property division lawyer can advise you on your property rights and help you prepare financially for the divorce. They can also help you review your assets and ensure you get a fair deal under the law.

Understanding Property Division Laws in Florida

Understanding the property division process before you work with a property division lawyer is important. This process follows Florida’s equitable distribution regulations under Florida Statutes Section 61.075. This law states that all eligible assets will be divided fairly between the spouses.

Fairly dividing assets means that the court will split the property evenly between the two partners. The court will divide the property evenly, but sometimes the court may unevenly split the assets for the following reasons:

Duration of the marriage (less than 10 years or more)
Financial position of each partner
Contributions made by each partner during the marriage
Financial assistance offered by one spouse to another in furthering a career
Intentionally wasting or spending marital property (by any spouse)

Beyond the points above, the most important part is determining whether an asset is marital or non-marital. These 2 categories are central to property division during divorce.

Seek Experience in Property Division with Challenges

Not every divorce will have the same financial issues. Some couples will only need to split a property and a few bank accounts. Other couples may have high-net-worth properties and assets to divide.

In a property division case with significant assets, it’s better to find a lawyer who routinely handles property division. Ask whether they have experience handling cases related to:

High-value marital estates
Commercial and professional practices
Multiple residential and commercial properties
Retirement and pension funds
Investment accounts and stocks
Extremely high levels of marital debt

An advocate familiar with the complexities of financial transactions in his earlier high-asset division cases can detect issues others might overlook.

Search for a Lawyer Who Can Locate Hidden Assets

In Florida divorce proceedings, both parties must create a list of their finances and share details through their lawyers. If, in any scenario, one party does not disclose their finances to the other. This can lead to problems and may result in business income being reported inaccurately.

You may not know all the details of your properties. In such a situation, it becomes difficult to determine the actual value of the marital estate.

Your property division lawyer can help investigate all the details of your finances. This may involve hiring forensic accountants or other financial experts to find hidden assets.

Some key documents your forensic accountants will review as part of the financial or hidden asset check:

Bank statements
Tax returns
Credit card statements
Business financials
Investment statements
Ownership of property

Florida Statute Section 61.075 may allow the court to consider willful destruction, concealment, or destruction of property.

Talk to your attorney today if you suspect that your spouse is hiding assets and wasting money.

Experience in handling cases related to retirement & investment accounts

Retirement savings and investment accounts can be a significant part of the marital estate. Digital Stocks may be involved, along with individual retirement accounts, 401(k)s, and pensions.

In some cases, employer pension schemes will also require a QDRO. The order must meet the requirements of the law and the scheme to divide the pension benefits between the ex-partners.

The timing of withdrawals from a retirement account would affect tax payments. Your lawyer should understand when a QDRO is needed or when to appoint a financial specialist to review the account.

A qualified divorce lawyer will be able to help you avoid deals that look fair on paper but create financial issues later.

Understand Legal Fees and Other Expenses

Some property divisions are more complicated and take longer than usual. You may need help from business valuation experts, forensic accountants, property valuers, and financial advisers.

Before hiring a lawyer, get clear information about legal costs. Find out whether they charge by the hour or for particular services. Ask about any potential costs, including:

Legal advice and assistance
Examination of financial records
Business valuations
Property valuations
Forensic accountancy
Court submission fees

What Should Be the Purpose of Your First Meeting With a Lawyer

Most initial consultations with the lawyer are similar. Use the consultation as an informational resource. It will help you fulfill the following:

1) To decide whether an attorney is the right fit for your case. It lets you learn about the lawyer’s skills and philosophy.

2) The family law attorney will listen to your questions and gather facts about your case.

3) The lawyer will discuss potential challenges and relevant laws to develop a strategy for presenting your petition in court.

4) You will learn about the fees involved and also the method of payment: hourly or fixed.

Choose Coleman Law Group for Your Divorce Case in Florida

Your decision regarding property division and understanding of Florida law can help you choose the right option.

Consulting a property division lawyer can help you understand your rights and avoid costly mistakes. Seek a divorce lawyer who has handled property cases like yours before.

We understand that this process can have a serious financial impact on you. Call Coleman Law Group now at 727-214-0400 or aheartforpeople@clgfl.com to discuss property division with an experienced Florida divorce attorney.

IMPORTANT NOTICE – NO LEGAL ADVICE / NO ATTORNEY-CLIENT RELATIONSHIP:
The information provided by Coleman Law Group, P.A., through its website, webinars, emails, templates, guides, and other resources is for general informational and educational purposes only and does not constitute legal advice. Your use of this information or participation in any CLG program or communication with our firm through non-engagement channels does not create an attorney-client relationship.

Constance D. Coleman

Constance D. Coleman founded Coleman Law Group with a single mission: to serve people with dignity, compassion, and unwavering advocacy. With a B.A. from the University of California, Davis, and a J.D. from Thomas M. Cooley Law School, she built a bilingual, client-centred firm dedicated to helping families navigate immigration matters—including green cards, naturalization, and humanitarian relief—as well as personal injury claims. Her guiding belief remains simple: every client deserves to be heard, understood, and protected. At the Coleman Law Group, we truly have a heart for people.