A guide to help you understand how marital assets and property are divided in a Florida divorce
Key points about marital asset division during a Florida divorce:
- Florida uses equitable distribution, which means assets are divided fairly—not always 50/50.
- Judges consider factors like the length of the marriage, income differences, and each spouse’s contributions at home or financially when dividing assets.
- Marital property includes most assets acquired during the marriage, such as homes, vehicles, retirement accounts, and investments.
- Separate property—like gifts, inheritances, or assets owned before the marriage—usually stays with the original owner unless it’s mixed with marital funds.
- Hiding or moving assets is illegal and can lead to penalties, repayment orders, or a larger share awarded to the other spouse.
Dividing property in a Florida divorce isn’t always as simple as splitting everything straight down the middle. Florida courts focus on what’s fair—not just what’s equal.
That raises a lot of questions, like: Does my spouse get half of everything? What property is included? Can I protect certain assets?
In this article, we’ll walk through the answers to these and other common questions people have about property and asset division during divorce, so you know what to expect.
If you have additional questions or want an experienced legal team in your corner during a divorce in Florida, reach out to the Fort Lauderdale divorce attorneys at Shemtov Hillstrom for a free consultation.
How are assets divided in a divorce in Florida?
Here in Florida, when a couple gets divorced, the way their assets (e.g., money, house, cars, retirement accounts, business, 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, including factors like alimony or child support, which can affect how the overall division is handled.
This process also applies to pet custody disputes, as Florida courts generally treat family pets as property rather than children.
How does equitable distribution work in divorce?
The court starts by thinking that dividing everything 50/50 might be a good idea. But then the judge looks at different factors to decide if they should split the assets differently.
These factors include things like:
- How long the couple has been married
- How much money each person can make
- What each person did during the marriage (like working or taking care of the house)
- If one person spent a lot of the couple’s money in an irresponsible way (like gambling or extravagant purchases)
With the guidance of a Fort Lauderdale marital asset division lawyer, you can present a strong case demonstrating why a different distribution would be more just based on your unique circumstances.
So, why might a judge decide not to divide assets evenly in a Florida divorce?
There are a number of reasons a judge in Florida might decide against a 50/50 asset split. For example, if one person stayed home to take care of the kids while the other worked, or if there is a large discrepancy in their earning potentials, the court might give the stay-at-home person more in the divorce.
Additionally, if one person wasted a lot of the couple’s money, the other person might get more to make up for that loss. For example, if one spouse gambled or was dating during the divorce and paid for vacations with their new partner, the court would consider this when dividing assets.
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.
How Marrying Up Can Impact a Divorce in Florida
A guide to protecting your rights when there are significant financial disparities between you and your spouse.
What assets are not included in a divorce in Florida?
Not every asset a couple owns gets split up in a Florida divorce. While the court divides “marital property,” certain items fall into the category of “separate property” and stay with the spouse who owns them.
So, what money can’t be touched in a divorce?
Money and assets that typically aren’t considered marital property include:
- Property one spouse owned before the marriage
- An inheritance received by only one spouse, even if it came in during the marriage.
- Gifts given to just one spouse
- Compensation from a personal injury settlement that covers an individual’s pain and suffering
- Assets protected by a prenuptial or postnuptial agreement
It’s important to know, though, that separate property can lose its protected status if it’s mixed with marital assets. For example, using inheritance money to pay off the mortgage on the family home could make that inheritance subject to division.
Additionally, if the value of a separate property grows during the marriage because of a spouse’s contributions or marital funds, that increase in value may be considered marital property.
Because these distinctions can be complicated—and mistakes can cost you—working with a skilled Fort Lauderdale divorce attorney can make all the difference in ensuring what’s yours stays that way.
Is it illegal to hide assets during a divorce?
Yes, hiding assets in a Florida divorce is both illegal and risky. When you file for divorce, you’re legally required to make full and honest financial disclosures. That means listing all of your property, accounts, income, and debts.
So, what happens if you don’t disclose all bank accounts in a divorce?
If a spouse tries to conceal assets—whether it’s by transferring money to someone else, undervaluing a business, or “forgetting” to disclose a bank account or investment account—the court can impose serious consequences.
Judges may award a larger share of marital property to the other spouse, order repayment, or even impose fines and sanctions. In extreme cases, lying under oath about finances can lead to perjury charges.
In short: Attempting to hide assets can backfire in a big way. A skilled high-asset divorce attorney in Fort Lauderdale can help uncover hidden property through discovery tools, subpoenas, and the use of forensic accountants—ensuring the division of assets is fair and based on the full financial picture.
Can I empty my bank account before divorce?
Draining your bank account before or during a divorce is generally a bad idea. In Florida, once a divorce is filed, both spouses are required to follow rules that prevent either person from intentionally wasting, hiding, or moving marital assets.
Emptying an account could be seen as trying to cheat the system—and judges don’t look kindly on it.
If you pull out large sums of money, the court can order you to return it, reduce your share of other assets, or even penalize you for violating financial disclosure rules.
That said, it is reasonable to use marital funds for necessary living expenses, like rent, groceries, or attorney fees—but always keep records and avoid making any major withdrawals without guidance.
If you’re worried about protecting your finances during divorce, the safest step is to talk with a Fort Lauderdale divorce and property division attorney first. They can explain what you’re legally allowed to do and how to safeguard your share of the assets without risking penalties.
Get help from an experienced Fort Lauderdale property and asset division lawyer
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 the experienced Fort Lauderdale family Law attorneys at Shemtov Hillstrom.
As former prosecutors with experience in white-collar crime cases, our team is well-equipped to guide you through the complexities of asset division to ensure a fair outcome.
Learn more about how we can help protect your assets and secure your financial future during a divorce in Florida by scheduling a free consultation with Shemtov Hillstrom today.