Property division generates more questions than any other part of a Florida divorce — because it touches everything a couple owns, from the house to the 401(k) to the crypto wallet. This page collects the questions Brevard County clients ask most, with plain-English answers under current Florida law and links to our detailed guides on each topic. For answers specific to your situation, the team at The Law Office of John Vernon Moore, P.A. — with over 89 years of combined experience — offers consultations at (321) 529-7777.
The Basics
Is Florida a 50/50 divorce state?
Florida is an equitable distribution state, which starts from the premise that marital assets and debts should be divided equally — but a judge may order an unequal division where statutory factors under § 61.075 justify it, such as intentional waste of assets or one spouse’s interruption of career for the family. In practice, most divisions land at or near 50/50 of the marital estate. Our asset and debt division overview explains the framework.
What property gets divided — and what does not?
Only marital property is divided: essentially everything acquired by either spouse during the marriage, regardless of title. Nonmarital property — premarital assets, inheritances, third-party gifts, and anything excluded by a valid agreement — is set aside to its owner first. The classification rules, cut-off dates, and burden of proof are covered on our marital vs. nonmarital property page.
Does it matter whose name is on the account or deed?
Generally, no. A house or account acquired during the marriage with marital funds is marital even if titled to one spouse alone. Title matters most in the other direction: jointly titling a separate asset can convert it to marital, as explained on our commingling and transmutation page.
Does adultery affect property division in Florida?
Infidelity itself does not change the split — Florida is a no-fault state. But money spent on an affair during the marital breakdown can be charged back to the spending spouse as dissipation of marital assets, which functions as a reimbursement through the division.
The House
Who gets the house in a Florida divorce?
There is no automatic answer. One spouse may buy the other out, the house may be sold and proceeds divided, or a court may defer the sale so children can stay through school. The options, refinance traps, and children-first arrangements are detailed on our marital home page.
Do I lose my rights if I move out?
Moving out does not forfeit your equity — the home remains a marital asset. It can affect temporary possession and the children’s routine, so get advice before relocating, especially in a contested case.
What about our rental and investment properties?
Each parcel is classified, valued, and allocated — often one property to each spouse with an equalizing payment, accounting for mortgages, cash flow, insurance, and embedded taxes. See our real estate and investment property guide.
Retirement, Businesses, and Complex Assets
Is my spouse entitled to my 401(k) and pension?
The portion earned during the marriage is marital and divisible; premarital balances and their passive growth stay yours. Employer plans divide by QDRO — a specialized order that, done correctly, moves the money without taxes or penalties. The classification math is on our retirement and pension division page.
What happens to a business in divorce?
The marital value of the business is divided, but the business itself almost always stays with the operating spouse, offset by other assets or a buyout. Valuation — including Florida’s enterprise-versus-personal goodwill distinction — is usually the main event. See business valuation in divorce.
How are stock options and RSUs divided?
Awards vested during the marriage are marital; unvested grants are apportioned based on what they compensate, usually with a time-based fraction, and paid out if-as-and-when they vest. Details on our stock options and RSUs page.
What about cryptocurrency?
Crypto is marital property like anything else if acquired during the marriage — the challenges are finding it, valuing something volatile, and transferring it safely. Our cryptocurrency in divorce guide covers discovery, valuation dates, and in-kind division.
Protection and Problems
Is my inheritance safe in a divorce?
Inheritances and third-party gifts are nonmarital — if you kept them separate. Joint deposits, retitling, and commingling can forfeit the protection. See inheritances and gifts in divorce.
I think my spouse is hiding money. What can be done?
Florida’s mandatory disclosure, subpoenas, and forensic techniques — lifestyle analysis, bank-deposit reconstruction, blockchain tracing — find most concealment, and judges sanction it severely. Start with our hidden assets page, and see when a forensic accountant is worth the investment.
Who pays the credit cards and other debts?
Marital debts are divided like assets — but creditors are not bound by the decree, so joint debts should be paid off or refinanced rather than merely assigned. The protections that actually work are on our marital debt division page.
Can a prenup control all of this?
A valid prenuptial or postnuptial agreement can define what stays separate and how marital property divides, and it is the most durable protection Florida law offers for premarital wealth, businesses, and inheritances.
Get Answers for Your Situation
Every marital estate is different, and small classification decisions move real money. The Law Office of John Vernon Moore, P.A. serves clients throughout Melbourne, Viera, Palm Bay, Titusville, and all of Brevard County. Call (321) 529-7777 or schedule a consultation to get answers specific to your case.