When facing divorce in Florida, understanding how assets are divided is crucial—especially for women navigating a split from high-earning spouses. Florida’s equitable distribution process aims to divide marital assets fairly, but “fair” doesn’t always mean “equal.” At Bruce Law, we specialize in advocating for women to ensure they receive their rightful share during a divorce.
Below, we break down how Florida divorce asset distribution works, what’s considered a marital vs. non-marital asset, and how prenuptial agreements can impact the process.
Marital vs. Non-Marital Assets: The Basics of Equitable Distribution in Florida
One of the first steps in the equitable distribution process is identifying what counts as a marital asset versus a non-marital asset:
- Marital assets include anything earned, acquired, or saved during the marriage. This could be income, retirement accounts, real estate, or even stocks.
- Non-marital assets are those you brought into the marriage, inherited, or received as a gift (as long as they weren’t commingled with marital assets).
For instance, many clients initially believe that because an account is solely in their spouse’s name, it isn’t subject to division. This is a common misconception. As long as it was funded during the marriage, that bank account is likely a marital asset and will be included in the asset division.
Dividing Property in a Florida Divorce?
In Florida, marital assets are typically split equally in terms of value, but this doesn’t mean every single item is divided in half.
“It doesn’t mean that you take each book and cut it in half or split a couch in two. At the end of the day, everyone usually ends up with an equal value in the things they have after the divorce.”
This includes everything from homes and cars to retirement accounts and brokerage accounts. Even debts, like mortgages or credit card balances, are factored into the equation.
However, the courts also allow for unequal distribution in certain cases.
If one spouse has behaved irresponsibly—such as wasting marital assets on destructive behaviors like excessive drinking or gambling—the judge may award a larger share to the other spouse. For example, in one well-known Florida case, a judge gave the wife 60% of the assets because the husband had spent much of the marriage “sitting on the couch with a beer.”
How Prenuptial Agreements Impact Equitable Distribution
For women entering or exiting marriages with significant assets, prenuptial agreements can play a pivotal role in determining what gets divided. A well-drafted prenup can:
- Define which assets are off-limits for distribution.
- Provide a formula for how certain jointly owned property, like a home, will be split.
- Simplify the divorce process by reducing disputes over property.
However, not all prenuptial agreements hold up in court. If a prenup was signed under duress, in an unfair manner, or without proper legal representation, it might be invalidated.
“A client once signed a prenup on the gondola ride to her wedding ceremony while wearing her wedding gown. In cases like this, Florida courts can—and often do—set aside the agreement.”
If you’re unsure about the validity of your prenuptial agreement, it’s essential to consult with a divorce attorney to review your options.
How Bruce Law Advocates for Women
Navigating the complexities of equitable distribution in Florida requires expertise and strategy. At Bruce Law, we understand that many women facing divorce are uncertain about their financial rights. That’s why we encourage potential clients to schedule a consultation and strategy session. We’ll:
- Demystify the asset distribution process.
- Help you determine which assets are marital and non-marital.
- Advocate for your financial interests, especially in cases involving unequal distribution or contested prenuptial agreements.
Take Control of Your Financial Future
Divorce can be intimidating, but you don’t have to face it alone. Understanding Florida divorce asset distribution is the first step in securing your financial future. Whether it’s dividing bank accounts, retirement plans, or real estate, Bruce Law is here to ensure you receive what you’re entitled to.
Contact us today to schedule a consultation at one of our offices in West Palm Beach, Boca Raton, or Wellington. Let us guide you through the process with confidence and compassion.
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