How Do Florida Divorce Courts Divide Property?

Divorce comes with a long list of life-changing considerations. From paying child support to finding new social circles, the end of a marriage is a lot more than a legal process. Asset division is one of many aspects of divorce that can lead to conflict between spouses.



Each state has specific rules pertaining to property division, and it is important to know how your state will handle this situation if it arises. Florida and most other states follow a form of equitable distribution.

If you are going through a divorce in Florida and you have questions regarding the process, contact the Law Office of Curtis R. Cowan. Mr. Cowan can explain your rights and help you avoid making decisions that would compromise your interests.

With the support of an experienced divorce attorney, you can focus on personal development rather than worrying about the legal complexities. We will work hard to make your divorce as stress-free as possible. To schedule an appointment with a Broward County divorce lawyer, call us today at 954-768-0720.

According to Florida Statutes, the court must divide marital property in an equitable fashion. The decision on what is equal ultimately rests with the judge. Read on for more information.

Relevant Factors in Marital Property Division

There are several factors that a judge will consider when deciding which spouse will receive which marital property. These factors include:

  • The economic circumstances of each spouse
  • How long the two were married
  • Whether the divorce will cause an interruption to either spouse’s career
  • What each contributed to the marriage

It is important to remember that the contribution to the marriage also includes non-financial contributions, such as those made by a parent as a homemaker.

The judge may also look at the liabilities that each spouse might have and if they will impact the assets in question. A judge will attempt to examine marital assets over the two years leading up to the divorce to determine if either spouse intentionally wasted, moved, or depleted funds or property.

Ease of Division

The Florida courts will examine the assets and determine which are possible to divide in an attempt to make a fair decision. However, it may not be possible for a judge to divide a family business, for example, so he or she may compensate the other spouse with alternative assets or property.

The same is true for marital property, and a judge will not simply divide a home in half. He or she may make an order to sell the house and divide the proceeds, or may provide the spouse who leaves the house with additional assets to make up for it.

Divorce can be complicated, and if you are struggling to divide property or understand your rights in regard to asset division, contact the Law Office of Curtis R. Cowan at 954-768-0720. A Broward County family attorney from our firm can provide invaluable guidance during this difficult time.