How Is Property Divided in a Florida Divorce?
January 30, 2025
How Is Property Divided in a Florida Divorce?
Dividing property in a Florida divorce can be a complex process, as the state follows equitable distribution laws. This means that assets and debts are not automatically split 50/50 but are divided in a way that the court considers fair and just. At Law Offices of Robert L. Bogen, we help individuals in Palm Beach County protect their financial interests and navigate property division in divorce proceedings.
In Florida, the first step in property division is determining what is marital property and what is separate property:

- Marital Property – Assets acquired during the marriage, including real estate, income, retirement accounts, investments, and debts. These are subject to division.
- Separate Property – Assets owned before the marriage or acquired through inheritance or gifts (as long as they were not commingled with marital assets). These typically remain with the original owner.
When dividing property, Florida courts consider several factors to ensure equitable distribution, including:
- Each spouse’s financial contribution to the marriage
- Length of the marriage
- Each spouse’s earning capacity and financial needs
- Child custody arrangements and who will remain in the marital home
- Dissipation of assets (whether one spouse wasted marital funds)
Because equitable distribution does not always mean an equal split, having legal representation is crucial to protect your assets and financial future.
If you are facing a divorce in Palm Beach County, Law Offices of Robert L. Bogen can help you understand your rights and advocate for a fair property division outcome.
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