This slide show strives to help individuals learn about how marital property is divided in Florida after divorce.

1. Dividing Marital Property
How is Marital Property Divided in Florida?
By: AmeriTrust Law Group

2. How is Marital Property Divided in Florida?
• Dividing marital property and/or assets is often a
key aspect of divorce in Florida.
• While the emotional toll of divorce may be difficult
to deal with, the financial aspect may also be
difficult as well.
• Florida law typically requires an equitable or fair
division of property between the spouses.

3. Factors Affecting Marital Property Division
• There are many factors which may affect how marital property is
divided in Florida and some of these factors may include:
– The duration of the marriage
– The economic situation of each spouse
– Interruptions to a spouse’s career or education
– The contributions each spouse has made to the marriage
– The effort each spouse has made towards contributing or acquiring income
– The amount of liabilities each spouse incurs
– Any intentional dissipation, waste, depletion or destruction of the marital assets
immediately before filing for divorce

4. Dividing Marital Property
• It is important to note, the division
of property in divorce typically
only applies to marital property,
marital assets and marital debt.
• For this reason, it can be helpful
to review the differences between
nonmarital property and marital
property.

5. Nonmarital Property
• Nonmarital property usually includes any
property, assets and/or liabilities which
were acquired before the marriage.
• In some cases, certain types of property
acquired during marriage may also be
considered one spouse’s nonmarital
property.
• Alternatively, some types of nonmarital
property may lose its nonmarital status
after commingling, marital improvements,
and appreciation.

6. Examples of Nonmarital Property
• Nonmarital property examples may include:
– Assets acquired before the marriage
– Assets excluded by a prenuptial agreement
– Proceeds or assets received from an inheritance
– An asset acquired as a gift to one spouse
– Proceeds from a personal injury settlement

7. Marital Property
• Marital property usually includes
any property, assets and/or liabilities
which were acquired during the
marriage with marital funds and/or
labor.
• This type of property is often
considered marital property despite
whose name is on the title of the
property.

8. Examples of Marital Property
• Marital property examples may include:
– Stock plans, stock options or 401K plans
– Real estate
– Personal property
– Bank account proceeds
– Vehicles
– Pension benefits

9. Dividing Marital Property After Divorce in Florida
• Family law courts typically follow these four steps when dividing
marital property after divorce in Florida:
1. The court identifies all property, debt and/or assets of the spouses and marital estate.
2. The courts utilizes the date the marriage began and when the divorce petition or separation agreement
is filed to classify the property as either marital or nonmarital. Any marital property is lumped together
while nonmarital property is set aside for that spouse.
3. The marital property is appraised and assessed a value.
4. The court equitably distributes the marital property.

10. Important Note About Marital Assets
• It is important to note, there may be
certain times when marital misconduct
may cause the courts to issue an
unequal distribution of marital property.
• For example, if marital property was used
on an extramarital affair, gambling and/or
to support a drug addiction.

11. Help With the Division of Marital Property in Florida
• If you need help protecting your property
after a divorce in Florida, call The
AmeriTrust Law Group today for a free
case evaluation to explore how a divorce
lawyer may help you with your legal
needs.
1-888-502-6213