Property division begins with an inventory. Before deciding who keeps the house or how retirement savings will be divided, the parties must identify what they own, what they owe, and which interests belong in the marital estate.
Marital and nonmarital property
Florida sets apart nonmarital property and begins marital distribution with an equal-division premise, subject to justified unequal distribution. Premarital assets and qualifying third-party gifts or inheritances may be nonmarital; marital contributions, appreciation, and changes in ownership can complicate classification. Fla. Stat. § 61.075(1), (6) (2026).
Preserve records from the date of marriage as well as current statements. If an inheritance was deposited into an account used for household spending, reconstruct the deposits and transfers. A label such as “my account” rarely answers the entire question. Clear tracing can be more useful than recollections about where money originally came from.
Classification and valuation dates are different
The classification cutoff is ordinarily the earliest of a valid separation agreement, a date expressly established by that agreement, or filing of the dissolution petition. Valuation dates are determined separately as just and equitable, and different assets can have different valuation dates. Obtain records for the relevant dates rather than relying only on today’s balances. Fla. Stat. § 61.075(7) (2026).
The marital home
Paying mortgage principal on nonmarital real estate with marital funds can create a marital component, including a statutory share of passive appreciation. Marital improvements and other contributions may also affect the analysis. The statutory formula and any asserted inequity require supporting records; dividing current equity in half is not necessarily the correct calculation for a premarital home. Fla. Stat. § 61.075(6)(a)1.b.–c. (2026).
For the house, obtain a defensible valuation, mortgage payoff, title history, and records of major improvements. Compare a sale with a buyout using actual financing information. If one spouse will retain the property, address refinance deadlines, carrying costs, insurance, and what happens if refinancing fails. Do not assume a divorce agreement releases either borrower from the lender's contract.
Retirement accounts and QDROs
ERISA retirement plans generally require a qualified domestic relations order, or QDRO, to pay an assigned share to a former spouse. The plan determines whether the order qualifies. IRAs use different transfer procedures, and government plans may require their own orders. See U.S. Department of Labor, Qualified Domestic Relations Orders under ERISA; Internal Revenue Service, Retirement Topics—Divorce.
Obtain the plan's procedures before finalizing the settlement. Address valuation dates, gains and losses, loans, survivor benefits, and drafting responsibility. Delaying implementation can leave an agreed division incomplete.
Business valuation and dissipation evidence
Marital interests in a closely held business are valued at fair market value. Goodwill separate from the owner spouse’s continued presence and reputation is enterprise goodwill and must be valued; a potential noncompete requirement does not alone foreclose that conclusion. Obtain tax returns, financial statements, payroll, ownership records, and evidence of the owner’s role. A qualified valuation professional can explain the assumptions and distinguish personal from enterprise goodwill. Fla. Stat. § 61.075(6)(a)1.f. (2026).
Intentional dissipation, waste, depletion, or destruction of marital assets after filing or within two years before filing is a distribution factor. Create a transaction list showing dates, amounts, recipients, and the claimed nonmarital purpose. Distinguish intentional dissipation from ordinary living expenses or merely unsuccessful spending. Preserve the records and allow counsel to evaluate competing explanations. Fla. Stat. § 61.075(1)(i) (2026).
What to bring to a consultation
- Agreements
- an asset-and-debt inventory
- deeds and mortgage records
- marriage-date and current statements
- tracing records
- retirement-plan procedures
- business financials
- valuations
- and disputed-transaction records
When to act promptly
Seek advice before transfers, withdrawals, a proposed home buyout, or retirement distributions. Preserve records lawfully and do not assume an agreement between spouses releases either one from a creditor’s contract.
Contact The Desai Firm at (904) 563-6952 or pd@desaifirm.com to discuss property division.