Divorce is never easy, especially when financial security and property are on the line. If you are considering divorce in Sarasota, one of your top priorities will likely be protecting your assets. Florida law governs how marital property is divided, and the steps you take early can have a big impact on the outcome.

This guide will walk you through what you need to know about safeguarding your finances and property during a divorce in Sarasota.

Understanding Florida’s Equitable Distribution Law

In Florida, property division follows the principle of equitable distribution. That means the court divides marital assets and liabilities fairly, though not always equally.

Marital assets generally include:

Real estate acquired during the marriage
Bank accounts, retirement plans, and investments built during the marriage
Businesses started or expanded during the marriage
Debts such as credit cards, mortgages, and loans

Non-marital assets typically include property owned before marriage, inheritances, and gifts received individually (as long as they were not commingled).

Understanding which assets fall into each category is a critical first step.

Step 1: Gather and Organize Financial Records

One of the most important things you can do is collect documentation of all assets and debts. This includes tax returns, bank statements, retirement account balances, mortgage documents, and business records. The more organized your records, the easier it is to protect what is rightfully yours.

Under Florida law, both parties must file a financial affidavit disclosing income, assets, and debts. Being thorough and accurate in your disclosure helps establish credibility with the court.

Step 2: Identify Marital vs. Non-Marital Assets

Courts only divide marital assets. If you owned property before the marriage or received an inheritance, it may be classified as non-marital property and remain yours.

However, if non-marital property was mixed with marital assets—for example, if you deposited inheritance money into a joint account—it may become subject to division. Tracing these funds back to their source with clear documentation can help preserve their non-marital status.

Step 3: Protect Retirement Accounts and Investments

Retirement savings are often one of the largest marital assets. Florida law allows equitable division of retirement accounts through a Qualified Domestic Relations Order (QDRO). This ensures accounts are split without tax penalties.

If you want to protect your retirement, make sure you:

Keep copies of account statements from before and during the marriage
Avoid early withdrawals that could reduce the account’s value
Understand how pensions, 401(k)s, and IRAs are valued and divided

Step 4: Safeguard Real Estate and Business Interests

For many Sarasota couples, real estate and businesses are central concerns. Whether it’s your home, a vacation property, or a business you built, the way these assets are classified and valued matters.

Real estate: Appraisals may be required to determine fair market value.
Businesses: Courts may bring in experts to assess business value, goodwill, and debts.

If you own a business, keeping personal and business finances separate is one of the best ways to protect your interest.

Step 5: Consider Prenuptial or Postnuptial Agreements

Florida law recognizes premarital agreements that spell out how property should be divided if divorce occurs. If you already have one, it may significantly limit disputes.

If you are already married, a postnuptial agreement may still be an option to protect certain assets.

Step 6: Be Mindful of Debt

Just as assets are divided, so are debts. Credit card balances, mortgages, and business loans are subject to equitable distribution. Keep track of which debts were incurred jointly versus individually.

Avoid taking on new debt during divorce proceedings unless absolutely necessary—it could affect the final division.

Step 7: Work with an Experienced Divorce Attorney

Divorce law is complex, and trying to protect your assets without legal guidance can be risky. An experienced Sarasota divorce attorney will help you:

Identify and classify assets correctly
Work with financial experts when necessary
Negotiate settlements that preserve your financial security
Represent your interests in court if needed

At McNary Law, we also offer remote consultations so you can discuss your case confidentially and conveniently from anywhere.

Step 8: Protect Your Digital and Estate Planning Assets

Don’t overlook assets like digital accounts, online businesses, or estate planning documents. Florida law allows fiduciary access to digital assets, and divorce may affect trusts, wills, or beneficiary designations. Reviewing these as part of your divorce strategy ensures nothing slips through the cracks.

Final Thoughts

Divorce in Sarasota can be emotionally and financially challenging, but taking proactive steps can help protect your future. From gathering records to working with skilled legal counsel, preparation is key to securing what matters most.

At McNary Law, we approach every case with compassion, integrity, and a focus on creative problem-solving.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.