815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
Marriage is built on trust, but financial clarity helps keep that foundation strong. Many couples in Orlando realize that protecting what they’ve built isn’t about planning for the end; it’s about securing their future together. Whether you just bought a historic home in Winter Park or you're growing a medical practice in Lake Nona, understanding how Florida law treats your property is smart financial planning.
In our years serving Central Florida, we've noticed that couples who proactively manage their assets often have stronger, more transparent marriages. They don't have to worry about "what if" scenarios because they have a plan in place. For married residents, consulting a family law practice Orlando, Florida, is the best way to gain that peace of mind.
Florida courts divide marital assets fairly, but "fair" doesn't always mean an equal 50/50 split. Under Florida Statute 61.075, the court starts with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on relevant factors. This includes considering the duration of the marriage and the economic circumstances of each spouse.
If you're facing a potential separation, a qualified divorce attorney can explain how specific assets like your 401(k) or the equity in your home might be viewed by a judge. The court looks at what was acquired during the marriage, regardless of whose name is on the title. This means that the vacation condo you bought together in Cocoa Beach is likely marital property, even if only one spouse paid the mortgage.
Non-marital assets typically include property you owned before the marriage and kept entirely separate from your spouse. This also covers assets acquired by non-interspousal gift or inheritance. For example, if your grandmother left you $50,000 and you kept it in a separate account that your spouse never touched, that money likely remains yours alone.
However, proving an asset is non-marital requires clear documentation. We often see clients struggle because they can't produce bank statements from 10 years ago to prove the source of funds. If you can't trace the money back to a non-marital source, the court may presume it's a marital asset subject to division.
Business owners must be careful because the appreciation in value of a non-marital business can become a marital asset if marital funds or effort contributed to that increase. If you own a consulting firm in downtown Orlando and your spouse helped with bookkeeping or you used joint funds to expand, a portion of your business's value could be on the table.
To protect your business, pay yourself a competitive market salary rather than reinvesting all profits back into the company. Keep detailed records showing that the business growth is due to market forces (passive appreciation) rather than your active management during the marriage. A skilled family law practice Orlando, Florida residents rely on can help you structure your business finances to minimize this risk.
Yes, a postnuptial agreement is a cost-effective tool that defines asset ownership and support obligations during the marriage. While a contested divorce with significant assets can easily cost upwards of $15,000 to $30,000 in legal fees, drafting a solid postnuptial agreement typically costs between $1,500 and $5,000, depending on complexity.
These agreements allow you to decide how assets are handled rather than leaving it up to a judge. You can specify that your retirement account remains yours or that your spouse’s student loan debt remains theirs. This upfront clarity can save you tens of thousands of dollars and months of stress later on.
Commingling happens when you mix non-marital funds with marital funds, causing the non-marital assets to lose their protected status. A common example we see involves inherited money. If you deposit a $20,000 inheritance check into your joint checking account to "keep things simple," you have likely turned that separate property into marital property.
Once those funds are mixed, unmixing them is nearly impossible. To avoid this, open a completely separate bank account in your name only for any non-marital funds. Do not use this account to pay for joint expenses like the mortgage or groceries. If you want to use collaborative law to resolve disputes amicably, having clear, unmixed financial records makes the process much smoother and faster.
Working with a local firm means you get advice tailored to the specific tendencies of Orange County judges and the local legal environment. A family law practice in Orlando, Florida, couples recommend will know the nuances of local court procedures that out-of-town firms might miss.
For instance, understanding how local magistrates handle temporary support hearings or how strict specific judges are regarding financial disclosure deadlines (usually 45 days) can make a huge difference in your case strategy. We know the local landscape because we live and work here, just like you.
You don't need to wait for a crisis to protect your assets. Taking steps now to define what is yours, what is theirs, and what is ours is a sign of a healthy, mature partnership. It protects you both from uncertainty and allows you to focus on building your life together in Central Florida.
If you have questions about asset protection or agreements, we are here to help. Contact Frank Family Law Practice at (407) 629-2208 to schedule a consultation with our experienced team.