Property Division
Dividing property and debts is one of the most important parts of any divorce. The outcome can shape your financial stability for years to come. At McNary Law, our property division attorneys guide Bradenton and Sarasota clients through Florida’s equitable distribution process with clarity and care. Whether your case involves the family home, retirement accounts, or complex business assets, we work to protect what matters most to you.
Property Division in Florida: Equitable Distribution
Florida law requires marital property and debts to be divided under the principle of equitable distribution. Equitable means fair — not always equal. While courts often start with a 50/50 presumption, the split can be adjusted based on each spouse’s circumstances.
Our attorneys explain how equitable distribution works, identify which assets are subject to division, and advocate for a fair outcome that secures your financial future.
What Counts as Marital Property?
Marital property generally includes assets and debts acquired during the marriage, even if only one spouse’s name is on the account or title. Examples include:
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The marital home and other real estate
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Retirement accounts, pensions, and investment portfolios
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Bank accounts and savings
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Businesses or professional practices started during the marriage
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Vehicles, furniture, and other personal property
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Debts such as mortgages, credit cards, and loans
Non-marital property may include assets owned before marriage, inheritances, or gifts to one spouse. However, if non-marital assets are mixed with marital assets — for example, using inheritance funds to renovate the family home — they may be considered marital property.
Factors Courts Consider in Property Division
Florida courts look at multiple factors when dividing assets and debts, including:
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The length of the marriage
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Each spouse’s income, earning ability, and financial situation
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Contributions to the marriage, including childcare and homemaking
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Whether one spouse should retain certain assets, such as a family business or the marital home
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Evidence of waste, fraud, or concealment of marital assets
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The best interests of children, especially when the marital home is involved
At McNary Law, we carefully evaluate your financial picture and present strong evidence to protect your share.
Complex Property Division Cases
Some divorces involve high-value or complicated assets that require additional expertise. Our firm regularly handles cases involving:
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Businesses and professional practices — valuing and dividing closely held companies
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Retirement accounts and pensions — dividing with tools such as Qualified Domestic Relations Orders (QDROs)
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Real estate holdings — including primary residences, vacation homes, or investment properties
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High net-worth estates — requiring expert valuations and financial planning
We collaborate with financial professionals when necessary to ensure property is accurately valued and fairly distributed.
Property Division FAQs
What is the difference between marital and non-marital property?
Marital property includes assets and debts acquired during the marriage. Non-marital property is usually what you owned before the marriage, or inheritances and gifts meant for only one spouse. However, once non-marital assets are mixed with marital ones, they may become subject to division.
Does equitable distribution mean a 50/50 split?
Not always. While Florida courts start with the presumption of an equal split, they may adjust the division based on factors such as income differences, financial contributions, or misconduct like hiding or wasting assets.
How are retirement accounts divided in divorce?
Retirement accounts such as 401(k)s, pensions, and IRAs are often marital property if contributions were made during the marriage. These accounts are typically divided using a Qualified Domestic Relations Order (QDRO).
Can one spouse keep the marital home?
Yes, but often with conditions. The court may allow one spouse to keep the home — especially if children will continue living there — but that spouse may need to buy out the other spouse’s share or trade other assets to balance the distribution.
What if my spouse hides assets?
If a spouse hides, wastes, or intentionally misuses marital funds, the court can assign those losses to that spouse during equitable distribution. Our attorneys know how to uncover hidden assets and protect your interests.
Why Choose McNary Law?
At McNary Law, we understand the financial stakes in divorce. Guided by our core values of honesty, integrity, and compassionate problem-solving, we help clients in Bradenton, Sarasota, and Manatee County protect their financial futures. Whether your case is simple or highly complex, our attorneys provide the knowledge, strategy, and advocacy you need.
Contact McNary Law Today
If you are facing divorce in Bradenton or Sarasota, don’t leave your financial future to chance. Our property division attorneys will fight for a fair outcome under Florida law.