Property Division in Orlando: What "Equitable Distribution" Really Means

Splitting up possessions is often the most stressful part of a divorce. You've spent years building a life in Central Florida, and now you have to decide who keeps the house in Winter Park, the retirement accounts, and even the furniture.

Most people assume everything gets split 50/50 right down the middle. But in Florida, that’s not always how it works. Our state uses "equitable distribution," which focuses on what is fair, not necessarily what is equal.

Does "Equitable" Mean 50/50 in Florida?

In Florida, "equitable" means fair, and while judges start with the premise that a 50/50 split's fair, they can deviate from that based on your specific circumstances. They look at what you contributed to the marriage, your economic situation, and the length of the marriage.

If you worked while your spouse went to medical school, or if one of you drained a savings account just before filing, the court might decide a 50/50 split'sn't right. That’s why having a skilled divorce attorney matters. At our family law practice Orlando, Florida, we help you understand exactly what you're entitled to so you don't walk away with less than you deserve.

How Do We Distinguish Marital vs. Non-Marital Assets?

Marital assets include almost everything you bought or earned during the marriage, regardless of whose name is on the title. Non-marital assets are things you owned before the marriage or inherited specifically in your name alone.

This sounds simple, but it gets messy fast. We often see situations in neighborhoods like College Park where a spouse owned a home before the marriage, but then used marital funds to renovate the kitchen or pay the mortgage. That creates "commingled" assets.

Here is how the distinction breaks down:

• Marital: The 401(k) contributions made while married, the car bought three years ago, the credit card debt from your last vacation.
• Non-Marital: The inheritance you received from your grandmother (provided you kept it in a separate account), or the business you fully established before the wedding.

If you can’t prove an asset is non-marital with clear paper trails, the judge will likely throw it into the pot to be divided.

What Factors Do Florida Judges Use to Split Property?

Florida judges look at a strict list of factors in Statute 61.075 to decide who gets what. They don't just guess; they calculate.

The main factors include:

• Duration of the Marriage: A short-term marriage (under 7 years) might result in a division that looks more like "you take yours, I take mine." A long-term marriage (over 17 years) usually leans heavily toward equal distribution.
• Economic Circumstances: If one spouse makes $150,000 a year and the other makes $30,000, the court considers how the division of assets affects the lower-earning spouse.
• Contributions to the Marriage: This isn't just about money. Raising children and managing the household in Dr. Phillips counts just as much as earning a paycheck.
• Waste of Assets: If your spouse spent $20,000 on gambling or an affair, the judge can count that money as part of your spouse's "share," meaning you get more of the remaining assets to make up for it.

How Are Complex Assets Like Retirement and Businesses Handled?

Dividing a bank account is easy, but splitting a pension or a family business requires specific legal tools and financial experts.

Retirement Accounts

You can't just withdraw half of your 401(k) and hand it to your ex-spouse without triggering massive tax penalties. We use a Qualified Domestic Relations Order (QDRO). This legal order tells the plan administrator to separate a portion of the retirement funds into an account for your ex-spouse. The cost to prepare a QDRO typically ranges from $500 to $1,000, but it saves you thousands in taxes and penalties.

Professional Practices and Businesses

Valuing a business is one of the hardest parts of property division. If you own a practice in Altamonte Springs, the court needs to know what it's worth. This isn't just about money in the bank; it's about "goodwill"—the reputation of the business.

We often work with forensic accountants to put a price tag on the business. If you want to keep things amicable and avoid a public battle over business value, many of our clients opt for collaborative law. This allows you to work with financial neutrals to find a value you both agree on, keeping the control in your hands rather than a judge’s.

Who Keeps the Family Home?

Deciding who keeps the house often comes down to who can afford the refinance. With interest rates hovering around 6% to 7% recently, refinancing a home you bought at 3% can skyrocket the monthly payment.

If there are minor children involved, the court prefers to keep them in the home they know, perhaps in a school district like Lake Nona or Winter Park, if it’s financially feasible.

You generally have three options:

1. The Buyout: One spouse keeps the house and pays the other half of the equity. If the house has $200,000 in equity, you owe your spouse $100,000. You can pay this in cash or by trading other assets (like giving up your share of a retirement fund).
2. The Sale: You sell the house and split the proceeds. This is the cleanest break financially but often the hardest emotionally.
3. Deferred Sale: You agree to co-own the house for a set period (usually until the youngest child turns 18), and then sell it.

Why Local Expertise Matters

Florida property laws are specific, and local judges in Orange and Seminole counties have their own ways of interpreting those laws. A general understanding of divorce isn't enough when your financial future is on the line.

At our family law practice Orlando, Florida, we know how local courts view alimony versus property distribution. We know which assets are most likely to be protected and where judges usually draw the line on "dissipation" of assets. Whether it’s uncovering hidden accounts or ensuring a fair valuation of your home, local experience makes the difference between a fair settlement and a financial disaster.

Protect Your Financial Future

You don't have to guess what's going to happen to your hard-earned assets. Getting clear answers now can save you years of regret later. We’ll look at your specific numbers, your debts, and your goals to create a strategy that protects you.

Contact Frank Family Law Practice at (407) 629-2208 to schedule a consultation. Let’s make sure you start your next chapter on solid financial ground.