How will marital assets be divided? That question haunts many people who are about to go through divorce. In Florida, the law says that everything earned, bought, or gained during the marriage is marital property. That includes homes, cars, savings, retirement accounts, and even debt. It does not matter whose name is on the title or who made the purchase. If it happened during the marriage, it likely counts. That is why the process can feel so heavy. People spend years building a life. Then, in a moment, that life gets split apart.
Florida uses a rule called equitable distribution. That means fair, not always equal. A judge looks at the whole picture. Who earned what. Who stayed home. Who paid the bills. Who raised the kids. The goal is to find a balance that makes sense. Sometimes that looks like fifty-fifty. Sometimes it does not. It depends on what is fair based on the details.
Imagine two farmers planting a crop. One works the fields. The other handles the books and feeds the animals. Both roles matter. At harvest, they split what they grew. Not because each planted the same seeds, but because both built something together. That is how Florida views a marriage. It is not about measuring every dollar. It is about the effort, the teamwork, and the result.
Some things are not marital assets. If something was owned before the marriage, it stays separate. If one person got an inheritance or a gift during the marriage and kept it apart, it may stay separate too. But if that money was mixed in with shared accounts, or if both people benefited from it, it may become marital property. The line between separate and shared can blur. That is where trouble starts.
Debt also gets divided. That includes credit cards, loans, and mortgages. If both names are on a loan, both people may still be responsible after the divorce. Even if the judge says one person must pay it, the lender can still go after either name on the account. That is why legal advice is so important. A clean break takes planning.
The court also looks at other things. Did one person waste money while the marriage was breaking down? Did someone try to hide assets? Did one person give away property to avoid sharing it? Judges take all of that seriously. They want honesty. They want fairness. Hiding assets can backfire and lead to losing even more in court.
In some cases, people agree on how to divide things. That makes the process faster and less painful. When couples can talk through what matters and come to a deal, the judge often accepts it. But when they cannot agree, the court steps in. The judge becomes the final voice.
What Counts as a Marital Asset?
If it was bought, earned, or improved during the marriage, it likely counts. That includes bank accounts, pensions, cars, homes, and businesses. Even frequent flyer miles or loyalty points may come up. The law looks at the value of everything, not just the big items. Nothing is too small when it comes to divorce.
When Fair Does Not Mean Equal
Florida courts try to do what is right, not just what is even. One person may get more if they need it to care for a child. Another may keep the house while the other takes more savings. The idea is to leave both people with a fair shot at starting over.
Call a Tampa Family Law Attorney Today
Still wondering how will marital assets be divided in your case? Do not face this alone. At Buchholz Family Law, we protect what matters most. We know Florida law. We fight for fairness. Call a Tampa Family Law Attorney today at (813) 902-9100 or visit to get the answers and support you need.