815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
One of the most common questions we hear from clients sitting in our office is, "Does my spouse automatically get half of everything?" It is a fair question. You have worked hard to build a life, buy a home in a nice neighborhood, and save for retirement. The idea of losing exactly 50% of what you have earned can be terrifying.
In Florida, the short answer is no—divorce isn't always a guaranteed 50/50 split.
Florida is an "equitable distribution" state, not a "community property" state. While that sounds like legal jargon, the distinction is huge for your financial future. "Equitable" means fair, but fair does not always mean equal. While courts often start with the presumption that an equal split is fair, a judge can deviate from that standard based on the specific facts of your marriage.
Navigating family law in practice Orlando Florida requires understanding exactly how the courts view your assets, your debts, and your contributions to the marriage. Here is what you need to know about protecting your financial interests during a separation.
Marital property includes assets and debts acquired during the marriage, while non-marital property refers to assets owned before the marriage or acquired specifically by one spouse through inheritance or gift.
Before anyone talks about splitting percentages, you have to determine what is actually "on the table." The court only divides marital assets. If you owned a home in Winter Park before you got married, and your spouse’s name was never added to the deed, that might be considered non-marital property.
This distinction matters because non-marital property usually remains 100% yours. However, lines can get blurred easily. If you took inheritance money and deposited it into a joint bank account used to pay bills, those funds might have "commingled" and become marital property. An experienced divorce attorney can help you trace these assets to ensure you'ren't splitting money that rightfully belongs only to you.
Common examples of marital assets include:
Yes, under Florida statutes, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution.
However, "start" is the operative word. Life is rarely perfectly symmetrical. One spouse may have stayed home to raise children while the other built a career, or one spouse may have used marital funds to pay off a personal debt. In family law in practice Orlando Florida, fairness is the ultimate goal.
If a strict 50/50 split would be unfair to one party, the judge has the discretion to order a different split, such as 55/45 or even 60/40. This ensures that both parties leave the marriage with a financial standing that accurately reflects their contributions and future needs.
Judges look at the entire picture of your marriage, including how long you were married and each person's economic circumstances.
you're not just a case number; you're a family with a unique history. When deciding how to divide assets, the court looks at a variety of specific factors outlined in Florida Statute 61.075.
Key factors include:
An uncontested divorce can be finalized in as little as 4 to 5 weeks, but a contested divorce involving property disputes often takes 6 months to a year or more.
The cost varies wildly depending on how much you and your spouse agree on. Every divorce in Florida involves a filing fee, which is currently $408 in Orange County. However, that is just the administrative cost.
If you're fighting over every piece of furniture and every dollar in the retirement account, litigation costs rise. This is why we focus on efficiency. Spending $5,000 in legal fees to fight over a $2,000 asset does not make financial sense. We help you look at the cost-benefit analysis of every dispute so you keep more of your own money.
Absolutely, and in fact, most cases are settled through mediation or collaborative law rather than a dramatic courtroom trial.
Nobody wants to spend their time stuck in traffic on I-4 just to sit in a courtroom. Litigation is public, stressful, and expensive. This is why we strongly advocate for collaborative law.
In the collaborative process, you, your spouse, and your respective attorneys sign an agreement not to go to court. You work together in private meetings to determine a distribution of assets that works for everyone. This puts the control in your hands, rather than leaving your financial fate up to a judge who doesn't know your family. This is family law in practice Orlando Florida at its most efficient—solving problems privately rather than fighting publicly.
If a spouse has intentionally dissipated (wasted) marital assets, the court can assign those debts solely to them or give the other spouse a larger share of the remaining assets to make up for it.
We see this happen unfortunately often. A spouse might spend lavishly on a new partner, gamble away savings, or try to hide cash in a business account. This is known as "intentional dissipation."
For example, if your spouse drained $20,000 from a joint savings account to fund a gambling habit, the court can count that $20,000 as part of their share of the distribution. Effectively, they have already spent their portion. We work diligently to uncover these financial discrepancies to ensure you'ren't subsidizing your ex-spouse's bad behavior.
Divorce is emotional, but property division is a business transaction that impacts the rest of your life. You need to ensure that the division is truly equitable and that your rights are protected under Florida law. Whether you're dealing with a complex estate in Dr. Phillips or a straightforward home division in Altamonte Springs, having a clear strategy is essential.
You do not have to figure out the math alone. We are here to guide you through the process, advocate for your fair share, and help you move forward with confidence.
Contact Frank Family Law Practice today at (407) 629-2208 to schedule a consultation and discuss your case.