Property Division Attorney St. Augustine, FL
Florida’s equitable distribution law does not mean equal. It means the court divides property based on what is fair — and fairness depends on who is fighting for you.
Florida Equitable Distribution: How Property Is Divided in Divorce
Property division is often the most contested issue in a divorce. Under Florida Statute 61.075, marital assets and liabilities are subject to equitable distribution — meaning the court divides property fairly based on a variety of factors, not automatically 50/50. The outcome depends on the strength of your legal arguments, the quality of your financial evidence, and the skill of your attorney.
Christine Leonard is a trial-tested family law attorney who handles complex property division cases throughout Northeast Florida. She works with forensic accountants, business valuation experts, and real estate appraisers to ensure every asset is properly identified, valued, and divided. When the other side is hiding assets or manipulating finances, Christine has the tools and tenacity to uncover the truth.
Marital vs. Non-Marital Assets
The first step in property division is classifying every asset and liability as either marital or non-marital:
Marital assets include all property and debts acquired during the marriage by either spouse, regardless of whose name is on the title. This includes real estate purchased during the marriage, retirement contributions made during the marriage, business interests developed during the marriage, vehicles, bank accounts, investment portfolios, and all debts incurred during the marriage.
Non-marital assets include property acquired before the marriage, inheritances received by one spouse individually (even during the marriage), gifts from third parties to one spouse, income derived from non-marital assets (if not commingled), and any assets specifically excluded by a valid prenuptial or postnuptial agreement.
Commingling. Non-marital property can lose its separate character through commingling. For example, depositing an inheritance into a joint bank account, using pre-marital funds to pay the mortgage on a jointly-owned home, or titling a pre-marital asset in both spouses' names can convert separate property into marital property. Christine Leonard traces the origin and movement of assets to protect her clients' separate property claims.
Factors the Court Considers
Under F.S. 61.075, the court considers the following factors when dividing marital property:
Duration of the marriage. Longer marriages tend toward more equal distribution; shorter marriages may result in each spouse keeping what they brought in.
Economic circumstances of each spouse. The court considers each spouse's financial situation, earning capacity, and future financial needs.
Contributions to the marriage. This includes both financial contributions (income, property) and non-financial contributions such as homemaking, child-rearing, and supporting the other spouse's career or education.
Interruption of careers or education. If one spouse sacrificed career advancement or educational opportunities to benefit the marriage or family, the court factors this into the distribution.
Desirability of retaining a particular asset. The court may award the marital home to the spouse who has primary custody of the children, or award a business to the spouse who operates it.
Intentional dissipation or waste. If one spouse intentionally squandered marital assets — through gambling, excessive spending, transferring assets to third parties, or destroying property — the court can adjust the distribution to compensate the other spouse.
Business Interests in Divorce
Dividing a business in divorce is one of the most complex property division issues. If a business was started or grew substantially during the marriage, it may be subject to equitable distribution. Key issues include:
Business valuation. Determining the fair market value of a business requires expert analysis. Christine Leonard works with qualified business valuation professionals who examine financial statements, tax returns, cash flow, goodwill, and industry comparables to determine an accurate value.
Active vs. passive appreciation. If a pre-marital business increased in value during the marriage due to the efforts of either spouse (active appreciation), that increase is marital property. If the increase was due to market forces alone (passive appreciation), it may remain non-marital.
Division options. The court may order one spouse to buy out the other's interest, order the business sold and proceeds divided, or offset the business value against other marital assets. Christine Leonard develops strategies that protect business owners while ensuring fair treatment for non-owner spouses. For cases involving substantial business assets, see our high-asset divorce page.
Retirement Accounts and Pensions
Retirement accounts are frequently the most valuable marital asset after real estate. Florida courts divide the marital portion of retirement accounts, including:
401(k) and 403(b) plans. Contributions and growth during the marriage are marital property. Division typically requires a Qualified Domestic Relations Order (QDRO), which directs the plan administrator to distribute funds to the non-participant spouse without triggering early withdrawal penalties.
Pensions and defined benefit plans. These require actuarial valuation to determine the marital share. The court may use the "immediate offset" method (awarding other assets to offset the pension value) or the "deferred distribution" method (dividing pension payments as they are received).
IRAs. Traditional and Roth IRAs can be divided through a transfer incident to divorce without tax penalties, provided the transfer is specified in the divorce decree.
Military retirement. Governed by the USFSPA and subject to specific rules regarding direct payment and the 10/10 overlap requirement. See our military divorce page for details.
Dissipation of Marital Assets
Dissipation occurs when one spouse intentionally wastes or depletes marital assets for a purpose unrelated to the marriage. Common examples include:
Spending marital funds on an extramarital affair. Gambling away savings. Making large, unexplained cash withdrawals. Transferring assets to family members or friends to keep them out of the divorce. Destroying or devaluing property out of spite.
When Christine Leonard identifies dissipation, she pursues aggressive discovery to document the waste and presents compelling evidence to the court. Florida courts can compensate the innocent spouse by awarding a larger share of the remaining marital estate.
Every Asset Matters. Every Dollar Counts.
Property division decisions are permanent. Christine Leonard works with financial experts to ensure every marital asset is identified, properly valued, and fairly divided. She personally handles every aspect of your property division case.
Schedule Your ConsultationRelated Practice Areas
Frequently Asked Questions: Property Division in Florida
Is Florida a 50/50 divorce state?
No. Florida is an equitable distribution state. Under F.S. 61.075, marital assets are divided fairly — not necessarily equally. The court considers factors like each spouse's economic circumstances, contributions to the marriage, duration of the marriage, and any dissipation of assets.
What is the difference between marital and non-marital property?
Marital property includes assets and debts acquired during the marriage. Non-marital property includes assets acquired before marriage, individual inheritances, and gifts from third parties. Non-marital property can become marital through commingling.
How are retirement accounts divided in divorce?
The marital portion of retirement accounts (401(k)s, pensions, IRAs) is subject to equitable distribution. Division typically requires a Qualified Domestic Relations Order (QDRO) for employer plans. Contributions and growth during the marriage are considered marital property.
What if my spouse is hiding assets?
Florida requires full financial disclosure. An experienced attorney can use discovery tools, subpoenas, depositions, and forensic accounting to uncover hidden property. Courts can award hidden assets entirely to the other spouse as a penalty. Contact Leonard Legal at (904) 392-4573 for aggressive asset discovery.