When facing divorce, one of the most emotionally charged and legally complex issues is the division of assets and debts. At McNary Law, our Bradenton and Sarasota attorneys guide clients through Florida’s equitable distribution process with clarity, compassion, and fierce advocacy.
Whether you’ve built a life with shared property or are concerned about protecting what’s rightfully yours, we work to ensure your interests are represented every step of the way.
What Is Equitable Distribution in Florida?
Florida follows the principle of equitable distribution, which means that marital property is divided fairly—but not necessarily equally—between spouses. This can differ significantly from “community property” states where a strict 50/50 split applies. Instead, Florida courts consider several factors when determining a fair division of assets and liabilities.
At McNary Law, our experienced equitable distribution attorneys help clients understand what qualifies as marital property, what might be considered non-marital, and how to present a compelling case for a fair outcome.
Understanding Marital vs. Non-Marital Property
A critical first step in the equitable distribution process is distinguishing between marital and non-marital assets:
Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title.
Non-marital property generally includes assets owned before the marriage, inheritances, and certain gifts—unless they were commingled.
We help clients trace the origin of assets and gather the necessary documentation to clarify what should be subject to division.
What the Court Considers in Equitable Distribution
Florida courts look at a variety of statutory factors to determine a fair division, including:
Each spouse’s contribution to the marriage, including homemaking and child-rearing
Economic circumstances of each party
Duration of the marriage
Interruption of personal careers or education
Contributions to the other spouse’s education or career
Desirability of retaining certain assets, such as a family home, especially when minor children are involved
Intentional dissipation of assets (e.g., reckless spending or hiding money)
Our Bradenton and Sarasota attorneys build strong, fact-based arguments tailored to these factors, whether we’re negotiating a settlement or litigating in court.
High-Asset Divorce and Complex Property Division
If your case involves business interests, retirement accounts, real estate holdings, or investment portfolios, the stakes are even higher. Our team has experience handling complex asset valuations, working with financial professionals when needed to ensure accuracy and transparency. We’ll also help you protect your interests from tax implications and long-term financial consequences.
We often work alongside professionals in mediation—another service offered by McNary Law—to resolve high-asset disputes outside of court whenever possible.
Equitable Distribution and Other Divorce Issues
Equitable distribution is just one piece of the puzzle. A comprehensive divorce strategy also includes:
Alimony: Will either spouse require financial support post-divorce?
Child Custody & Parenting Plans: What is in the best interest of the children?
Child Support: What are the financial responsibilities moving forward?
Relocation: Will one parent be moving away with the children?
These interconnected issues are why we take a holistic approach to every family law case we handle. Whether you’re pursuing a collaborative divorce or preparing for trial, we help you see the big picture and make informed decisions.
Frequently Asked Questions
Do we have to go to court to divide our assets?
Not necessarily. Many equitable distribution cases are resolved through mediation or negotiated settlement. However, if an agreement can’t be reached, the court will decide.
Can a prenuptial agreement override equitable distribution laws?
Yes, a properly executed prenuptial agreement can outline how property should be divided, and courts generally honor them—provided they meet legal standards.
What if I believe my spouse is hiding assets?
This is unfortunately common. We conduct thorough discovery to uncover undisclosed assets and advocate for fair treatment.
Can I keep the house?
That depends on the specific circumstances, such as custody arrangements and whether the home is marital property. Often, one party may retain the home in exchange for giving up other assets.
Why Choose McNary Law?
At McNary Law, we take pride in being compassionate problem-solvers who offer more than just legal guidance—we provide peace of mind during life’s toughest transitions. We bring:
Local knowledge of Bradenton and Sarasota courts and judges
Personalized attention tailored to your unique circumstances
A team approach that integrates other family law and criminal defense services when necessary (e.g., if domestic violence or injunctions are involved)
A commitment to honesty, integrity, and accountability
Let’s Talk About Your Future
If you’re facing divorce and have concerns about how your assets will be divided, don’t try to navigate Florida’s equitable distribution laws alone. Our attorneys are here to answer your questions and protect your future.
Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.
