How is property divided during a divorce in Florida?

Vanessa Tuttle

Florida managing attorney at Marble Law

Published September 3, 2024 · 3 min read

Key Takeaways

Florida is an “equitable distribution” state.
The court looks at factors like incomes and other contributions of each spouse to determine what qualifies as “equitable” in dividing property.
Prenups can override equitable distribution.

Property division in Florida is typically done through a process called “equitable distribution.” Equitable distribution means that the court will look at the income of both spouses, each spouses’ contribution–financially and otherwise, including taking time off of work to raise children, and their respective statuses of living. From there, the court will determine how the property should be split.

It’s worth noting that the process of equitable distribution only happens if there is not a prenuptial agreement, or agreement on how marital property should be split between the couples. This is why it’s always a good idea to have an attorney draft a prenuptial agreement (or a postnuptial agreement, if you are already married). Having a conversation about what happens to your property in the event of a divorce before you consider divorce can help you come to an agreement that feels mutually beneficial and comfortable–and can prevent unpleasant fighting and drawn out time in court (which can, ultimately, lead to a more expensive divorce) down the road.

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At Marble, we offer a number of resources regarding the division of assets (not just property). We have a resource for those who owned property before a divorce, and want insight into how that may be divided by the courts, which you can read here. We’ve also occasionally been asked whether hiding assets can benefit you during divorce proceedings, and have some insight into why that’s never a good idea on our blog.