Florida Family Law FAQs

Are assets always split 50/50 in a divorce?

January 8, 2024 in Child and Spousal Support (Alimony), Divorce, Property and Asset Distribution

Here in Florida, when a couple gets divorced, the way their assets (money, houses, cars, etc.) are split up is based on a rule called “equitable distribution.” This doesn’t always mean that everything is split exactly in half. Instead of a strict 50/50 split, the court looks at what’s fair for both people based on their situation.

The court starts by thinking that dividing everything 50/50 might be a good idea. But then the judge looks at different things to decide if they should actually split the assets differently. These things include how long the couple was married, how much money each person can make, what each person did during the marriage (like working or taking care of the house), and if one person spent a lot of the couple’s money in a bad way. If the court finds a good reason, they can decide to give one person more than the other.

For example, if one person stayed home to take care of the kids while the other worked, the court might give the stay-at-home person more in the divorce to be fair. Or, if one person wasted a lot of the couple’s money, the other person might get more to make up for that loss.

The main goal in Florida is to make sure the split is fair, taking into account what each person needs and deserves based on what happened during the marriage. This means the way assets are divided can be different in every divorce, depending on the couple’s specific situation.

Dividing assets in a Florida divorce involves many considerations and isn’t always a 50/50 split. For personalized advice on what equitable distribution could mean in your case, contact Shemtov Hillstrom at (954) 329-2222. Our experienced trial attorneys will guide you through the complexities of asset division to ensure a fair outcome.

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