Florida Property Division Attorney

Property division in a Florida divorce can significantly impact your financial future, making it essential to approach the process with strategy and precision. At The Law Office of Tiffany M. Hughes, P.C., we represent clients across Florida in identifying, valuing, and equitably dividing marital assets and debts under Florida’s equitable distribution laws. Our firm focuses exclusively on family law, allowing us to handle complex issues involving real estate, investments, business interests, and liabilities with clarity and expertise. We work to secure fair, enforceable outcomes that protect what you’ve built and position you for long-term financial stability.

Equitable Distribution of Marital Assets and Debts

Property division is one of the most financially significant components of a Florida divorce. Under Florida law, marital assets and liabilities are divided through a process called equitable distribution.

Florida does not automatically divide property 50/50 in every case. Instead, courts begin with a presumption of equal distribution but may deviate when justified under Section 61.075, Florida Statutes.

The Law Office of Tiffany M. Hughes, P.C. represents clients in property division matters throughout Southwest Florida and the greater Tampa Bay region, including but not limited to, Sarasota County, Manatee County, Charlotte County, DeSoto County, Lee County, Hillsborough County, and Pinellas County. Every consultation is conducted directly with a licensed Divorce and Matrimonial Law Attorney, not a salesperson, not a case manager, and not an intake team.

What Is Equitable Distribution in Florida?

Equitable distribution is the legal process of identifying, classifying, valuing, and dividing marital assets and liabilities.

The court follows a three-step process:

  1. Identify marital and non-marital property
  2. Value the marital property
  3. Distribute assets and debts equitably

Marital vs. Non-Marital Property

Marital assets generally include:

  • Property acquired during the marriage
  • Income earned during the marriage
  • Retirement benefits accumulated during the marriage
  • Appreciation of non-marital assets due to marital effort
  • Joint bank accounts and investments

 

Non-marital assets may include:

  • Property owned before marriage
  • Inheritances
  • Gifts to one spouse
  • Assets excluded by valid agreement

 

Proper tracing is critical when classification is disputed.

Factors Courts Consider in Dividing Property

Florida courts may deviate from equal distribution based on statutory factors, including:

  • Contribution to the marriage (including homemaking and child-rearing)\Economic circumstances of each spouse
  • Duration of the marriage
  • Interruption of personal careers
  • Contribution to the acquisition or enhancement of assets
  • Intentional dissipation or waste of marital assets
  • Desirability of retaining certain assets intact

 

Written findings are required to justify unequal distribution.

Division of Marital Debts

Marital liabilities may include:

  • Mortgages
  • Credit card debt
  • Business loans
  • Tax liabilities
  • Personal loans

 

Debt is divided equitably, similar to assets.

Complex Asset Division

Property division may involve:

  • Closely held businesses
  • Professional practices
  • Real estate portfolios
  • Executive compensation
  • Stock options and RSUs
  • Deferred compensation
  • Cryptocurrency

 

High-asset cases often require expert valuation.

Frequently Asked Questions

Is Florida a community property state?
No. Florida follows equitable distribution, not community property.

Does adultery affect property division?
Generally no, unless marital funds were wasted or dissipated.

What if my spouse hides assets?
Financial discovery and forensic investigation may be necessary.

Speak With a Florida Property Division Attorney

If you are facing divorce involving significant assets or complex financial issues, experienced legal representation can protect your financial future.

Contact The Law Office of Tiffany M. Hughes, P.C. to schedule a confidential consultation regarding equitable distribution in Florida.

Call us at (773) 893-0228.

Locations

Address

123 W Main Street, Suite 400 Chicago, IL 60601

Address

1201 6th Ave W STE 100 Unit #677 Bradenton, Florida 34205